Nghị định 70/2008/NĐ-CP Hướng dẫn Luật bình đẳng giới

THE GOVERNMENT ---------	SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom - Happiness ----------
No. 70/2008/ND-CP	Hanoi, June 4, 2008

 

DECREE

DETAILING THE IMPLEMENTATION OF A NUMBER OF ARTICLES OF THE LAW ON GENDER EQUALITY

THE GOVERNMENT

Pursuant to the December 25, 2001 Law on Organization of the Government;
Pursuant to the November 29, 2006 Law on Gender Equality;
At the proposal of the Minister of Justice,

DECREES:

Chapter I

GENERAL PROVISIONS

Article 1.- Governing scope

This Decree details the implementation of Articles 8,9,25,26,27,28,29 and 30 of the Law on Gender Equality regarding the responsibility for state management of gender equality and coordination in exercising the state management of gender equality.

Article 2.- State management agencies in charge of gender equality

The Government exercises the unified state management of gender equality.

The Ministry of Labor, War Invalids and Social Affairs shall take responsibility before the Government for exercising the state management of gender equality throughout the country.

Ministries and ministerial-level agencies shall, within the ambit of their tasks and powers, coordinate with the Ministry of Labor. War invalids and Social Affairs in exercising the state management of gender equality.

4. People's Committees at all levels shall exercise the state management of gender equality in their respective localities as decentralized by the Government.

Chapter II

RESPONSIBILITY FOR STATE MANAGEMENT OF GENDER EQUALITY

Article 3.- Responsibility of the Ministry of Labor, War Invalids and Social Affairs

1 To submit to the Government or the Prime Minister for promulgation national strategies, policies, programs, plans and targets on gender equality, and measures to promote gender equality, assume the prime responsibility for. and coordinate with ministries, ministerial-level agencies and central socio-political organizations in, organizing the implementation of those strategies, policies, programs, plans, targets and measures.

2. To submit to competent state agencies for promulgation or promulgate according to its competence legal documents on gender equality, and organize their implementation.

3. To take part in assessing the integration of gender equality issues in the drafting of legal documents.

4. To popularize, disseminate and educate about gender equality policies and law.

5. To guide gender equality activities-skills of integration of gender equality issues in the organization of operations of agencies and organizations.

6. To assume the prime responsibility for. and coordinate with ministries and ministerial-level agencies in. building, training and fostering a contingent of gender equality activists.

7. To organize scientific research and
application of scientific advances in the domain of gender equality.

8. To conduct preliminary and final reviews, make annual and periodical reports and assessments on the situation of gender equality across the country.

9. To make statistics and publicize information and data on gender equality throughout the country according to law.

10. To enter into international cooperation on gender equality within the ambit of state management in accordance with law; to propose the conclusion of or accession to treaties on gender equality, and organize the implementation of gender equality treaties to which Vietnam is a contracting party.

11. To supervise and inspect the implementation of the law on gender equality, settle complaints and denunciations about, and handle violations of the law on gender equality.

Article 4.- Responsibilities of ministries and ministerial-level agencies

1. To scrutinize current legal documents for amendment, supplementation or annulment; to promulgate according to their competence or submit to competent agencies for amendment, supplementation, annulment or promulgation legal documents to ensure gender equality in sectors or domains under their charge.

2. To study, propose competent state agencies for promulgation measures for promoting gender equality.

3. To integrate gender equality issues in the formulation and implementation of sectoral programs and plans of action.

4. To guide and organize the application of measures to promote gender equality in sectors or domains under their charge.

5. To direct and guide the integration of gender equality issues in sectors or domains under their charge.

6. To popularize and disseminate gender equality policies and law in sectors or domains under their charge.

7. To organize scientific research and application of scientific advances on gender equality in sectors and domains under their charge.

8. To conduct preliminary and final reviews, make annual and periodical reports on the situation of gender equality in sectors or domains under their charge. To assume the prime responsibility for. and coordinate with the Ministry of Labor, War Invalids and Social Affairs in, regularly assessing the situation of gender equality in sectors or domains under their charge.

9. To supervise, inspect and handle violations of law and settle complaints and denunciations related to gender equality in domains under their charge.

Article 5.- Responsibilities of provincial/ municipal People's Committees

1. To formulate and submit to competent agencies for promulgation or promulgate according to their competence and organize the implementation of local policies, programs and plans on gender equality so as to concretize national strategies, policies and targets on gender equality.

2. To elaborate and submit to People's Councils of the same level for promulgation or promulgate according to their competence and organize the implementation of legal documents on gender equality in their respective localities.

3. To organize the integration of gender equality issues in the formulation and organization of implementation of local socio-economic development strategies, plannings and plans.

4. To direct and organize the implementation or measures to promote gender equality in conformity with local socio-economic conditions.

5. To organize and direct the popularization, dissemination and education about gender as well as gender equality policies and law to local people.

6. To build organize training and fostering of a contingent of local gender equality activists; organize scientific research and application of scientific advances in the domain of gender and gender equality; formulate mechanisms and policies to mobilize manpower and funds for the realization of gender equality in localities.

7. To collect and process information and data on gender equality in localities. To conduct preliminary and final reviews, make annual and periodical reports and assessments on the situation of gender equality in localities.

8. To supervise and inspect the implementation of the law on gender equality, settle complaints and denunciations about, and handle violations of the law on gender equality in localities.

Article 6.- Responsibilities of People's Committees of rural districts, urban districts, provincial towns and cities

1. To formulate and submit to People's Councils of the same level for promulgation or promulgate according to (heir competence and organize the implementation of policies, programs and plans on gender and gender equality in localities.

2. To direct and organize the implementation or measures to promote gender equality in conformity with local socio-economic conditions; to mobilize, manpower and fund for the realization of gender equality in localities.

3. To organize and direct the popularization, dissemination of and education about gender as wellas gender equality policies and law co local people. 4. To collect and process information and data on gender equality in localities. To conduct preliminary and final reviews, make annual and periodical reports and assessments on the local situation of gender equality.

5. To supervise and inspect the implementation of the law on gender equality, settle complaints and denunciations about and handle violations of the law on gender equality in localities.

Article 7.- Responsibilities of commune/ward/ township People's Committees

1. To formulate and submit to People's Councils of the same level for promulgation or promulgate according to their competence and organize the implementation of policies, programs and plans on gender, and gender equality in localities.

2. To organize the implementation of measures to promote gender equality in conformity with local socio-economic conditions; to mobilize manpower and fund for the realization of gender equality in localities.

3. To popularize, disseminate policies and law on gender and gender equality to local people and educate them about these policies and law.

4. To collect and process information and data on gender equality in localities. To conduct preliminary and final reviews, make annual and periodical assessment reports on the local situation of gender equality.

5. To supervise the implementation of the law on gender equality, settle complaints and denunciations about and handle violations of the law on gender equality in localities.

Chapter III

COORDINATION IN THE STATE MANAGEMENT OF GENDER EQUALITY

Article 8.- Principles for coordination in the state management of gender equality

When exercising the state management of gender equality, within the ambit of their powers and assigned tasks, the Ministry of Labor. War Invalids and Social Affairs, other ministries, ministerial-level agencies and People's Committees at all levels may request concerned agencies and organizations to coordinate with them in performing one or several jobs or. the following principles:

1. Contents of coordination in the state management of gender equality must be related to the functions, tasks and powers of coordinating agencies.

2. Ensuring objectivity in the coordination process.

3. Ensuring professional requirements, quality and duration of coordination; raising responsibility and efficiency in handling issues related to coordination contents.

4. Ensuring discipline and order in coordination; heightening responsibilities of heads of responsible agencies and coordinating agencies as well as their cadres and civil servants.

Article 9.- Coordination in integrating gender equality issues in the formulation and implementation of socio-economic development strategies, plannings and plans

1. The Ministry of Planning and Investment shall assume the prime responsibility for. and coordinate with the Ministry of Labor. War Invalids and Social Affairs in:

a/ Integrating gender equality issues in setting, and assessing the achievement of, targets of national socio-economic development strategies, plannings and plans.

b/ Guiding the integration of gender equality issues in setting, and assessing the achievement of, targets of sectoral and local socio-economic development strategies, plannings and plans.

2. Ministries, ministerial-level agencies and provincial/municipal People's Committees shall integrate gender equality issues in the formulation, organization of implementation and assessment of the achievement of targets of sectoral and local socio-economic development strategies, plannings and plans.

Article 10.- Coordination in integrating gender equality issues in the elaboration of legal documents

1. Ministries, ministerial-level agencies and People's Committees at all levels shall integrate gender equality issue in the elaboration of legal documents assigned to them.

2. The Ministry of Justice shall assume the prime responsibility for. and coordinate with the Ministry of Labor. War Invalids and Social Affairs in, assessing the integration of gender equality issues in the elaboration of legal documents, including:

a/ Projects, drafts of legal documents submitted by the Government to the National Assembly or the National Assembly Standing Committee:

b/ Projects, drafts of legal documents submitted by other agencies, organizations or National Assembly deputies to the National Assembly or the National Assembly Standing Committee, which must be commented by the Government:

c/ Drafts of legal documents falling under the promulgating competence of the Government or the Prime Minister.

3. Legal departments of ministries, ministerial- level agencies and judicial agencies of provincial-or district-level People's Committees shall assess the integration of gender equality issues in the elaboration of legal documents railing under the promulgating competence of ministries, ministerial-level agencies People's Councils or People's Committees of the same level.

Article 11.- Coordination in providing information, popularizing, disseminating, educating about policies, law and knowledge on gender and gender equality

1. The Ministry of Labor. War Invalids and Social Affairs shall assume the prime responsibility for. and coordinate with the Ministry of Justice in, guiding, organizing propagation and education about the Law on Gender Equality and legal documents on gender equality; assume the prime responsibility for, and coordinate with the Central Vietnam Women's Union and related agencies and organizations in. formulating communication programs and contents, guiding agencies, organizations and individuals in disseminating, educating and providing gender equality knowledge and skills.

2. The Ministry of Education and Training shall study the inclusion of gender and gender equality contents in education programs of schools as appropriate to each grade and training degree.

3. The Ministry of Information and Communication shall assume the prime responsibility for studying, formulating and implementing a scheme on propagation, education and communication about gender and gender equality through publications, radio and television programs or other forms; direct and guide the Radio Voice of Vietnam the Vietnam Television and other mass media agencies in popularizing and disseminating the Party's and State's undertakings and policies on gender equality.

4. The Nationalities Council shall assume the prime responsibility for. and coordinate with the Ministry of Labor. War Invalids and Social Affairs and the Ministry of Information and Communication in. organizing the popularization dissemination of and education about knowledge, policies and law. or. gender equality to ethnic minority people; mobilizing them to promote their fine customs, practices and traditions suitable to gender equality targets.

5. Mass media agencies, other agencies and organizations shall, within the ambit of their tasks and powers, popularize and disseminate the Party's undertakings and policies as well as the State's law on gender equality: introduce advanced models and types, good people and deeds in realizing gender equality: criticize acts, individuals and organizations that breach the law on sender equality.

Article 12.- Coordination in making statistics, collecting and providing information and data on gender and gender equality

1. The Ministry of Planning and Investment shall assume the prime responsibility for. and coordinate with the Ministry of Labor. War Invalids and Social Affairs in, studying, formulating and submitting to the Government for promulgation national gender development index and gender-based classification criteria in the state statistical data; guide ministries, ministerial-level agencies and provincial/municipal People's Committees in collecting and summing up statistical data or. gender within the national target system, and calculating the national gender development index.

2. The Ministry of Labor. War Invalids and Social Affairs shall assume the prime responsibility for. and coordinate with provincial/municipal People's Committees and concerned agencies and organizations in. collecting and synthesizing information and data or. gender equality: supplying information and data on gender equality according to law.

3. Ministries and ministerial-level agencies shall formulate and promulgate according to their competence gender-based classification criteria within the statistical criteria of sector or domains under their charge; organize the making of statistics, collection of information and data and making of reports on the gender equality situation in sector or domains under their charge on a regular basis or at the request of the Ministry of Labor, War Invalids and Social Affairs or the Ministry of Planning and Investment.

Article 13.- Coordination in making of national reports on gender equality

1. The Ministry of Labor. War Invalids and Social Affairs shall assume the prime responsibility for, and coordinate with the Ministry of Planning and Investment and concerned ministries and branches in. making annual reports on the realization of national gender equality targets for submission by the Government to the National Assembly.

2. The Ministry of Labor, War Invalids and Social Affairs shall assume the prime responsibility for, and coordinate with the Ministry of Planning and Investment, the Ministry of Foreign Affairs and concerned ministries and branches in. preparing reports on Vietnam's progresses on gender equality, to be sent to international organizations, and reports on the implementation of the United Nations' Convention on Elimination of All Forms of Discrimination Against Women (CEDAW)

3. Ministries, ministerial-level agencies and provincial/municipal People's Committees shall provide information and reports on the implemen- tation of the law on gender equality and measures to promote gender equality in their respective sectors, domains and localities for the Ministry of Labor. War Invalids ad Social Affairs to synthesize and make national reports according to regulations.

Article 14.- Coordination in ensuring financial conditions for gender equality activities

1. The Ministry of Finance shall guide ministries, ministerial-level agencies and provincial/municipal People's Committees in formulating state budget estimates, managing and using financial sources for gender equality activities, ensuring that they are used properly and efficiently according to law.

2. The Ministry of Planning and Investment shall assume the prime responsibility for, and coordinate with the Ministry of Labor, War Invalids and Social Affairs, the Ministry of Finance, the Ministry of Foreign Affairs and concerned agencies and organizations in. mobilizing aid sources, international loans and other capital sources for gender equality activities.

Article 15.- Participation of the Vietnam Fatherland Front and its member organizations in the state management of gender equality

1. The Ministry of Labor, War Invalids and Social Affairs, other ministries, ministerial-level agencies and People's Committees at all levels shall coordinate with and create favorable conditions for the Vietnam Fatherland Front and its member organizations to participate in the state management of gender equality as follows:

a/ Inviting representatives of the Vietnam Fatherland Front Committees and the Front's member organizations of the same level to join in discussions on. or sending legal documents to them for comment, when formulating, amending or supplementing policies and law on gender equality;

b/ Studying, receiving proposals of the Vietnam Fatherland Front Committees and the Front's member organizations of the same level regarding measures to promote gender equality and their implementation:

c/ Coordinating in organizing the provision of information and mobilization of people to realize gender equality, implement the Law on Gender Equality and relevant legal documents.

2. The Ministry of Labor. War Invalids and Social Affairs shall coordinate with the Vietnam Fatherland Front Central Committee in guiding the implementation of policies and law on gender equality in the Front's and its member organizations' activities.

Article 16.- Participation of the Vietnam Women's Union in the state management of gender equality

The Ministry of Labor War Invalids and Social Affairs, other ministries, ministerial-level agencies and People's Committees at all levels shall coordinate with, and create favorable conditions for, women unions of the same level to participate in the state management of gender equality as follows:

1. Implementing the provisions of Clause 1, Article 15 of this Decree;

2. Studying, receiving social discussions of women's unions of the same level regarding policies and law on gender equality;

3. Coordinating with women's unions of the same level in collecting opinions on the implementation of policies and laws on gender equality and detecting acts in violation of the law on gender equality;

4. Coordinating in propagating, educating, fostering knowledge about gender and skills for gender equality activities: organizing activities in support of women so as to contribute to achieving gender equality targets.

Chapter IV

IMPLEMENTATION PROVISIONS

Article 17.- Implementation effect

This Decree takes effect 15 days after its publication in "CONG BAO."

Article 18.- Implementation responsibility

1. The Minister of Labor. War Invalids and Social Affairs shall guide the implementation of this Decree.

2. Ministers, heads of ministerial-level agencies, heads of government-attached agencies and presidents of People's Committees of all levels shall implement this Decree.

 

ON BEHALF OF THE GOVERNMENT PRIME MINISTER Nguyen Tan Dung