THE LAW

ON GENDER EQUALITY

THE NATIONAL ASSEMBLY OF THE SOCIALIST REPUBLIC OF VIETNAM
10TH SESSION OF THE XI LEGISLATURE

Pursuant to the 1992 Constitution of the Socialist Republic of Vietnam amended and supplemented according to the Resolution No. 51/2001/QH10 dated 25^th December 2001 of the 10^th Session of the X Legislature of the National Assembly.
This Law provides for gender equality.

Chapter I.

 GENERAL PROVISIONS

Article 1. Scope of adjustment

This law provides for principles of gender equality in all fields of social and family life, measures ensuring gender equality, responsibilities of agencies, organizations, families, individuals in exercising gender equality.

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1. State institutions, political organizations, socio-political organizations, socio- political and professional organizations, social organizations, social and professional organizations, economic organizations, non-productive units, units of people’s armed forces, families and Vietnamese citizens (hereinafter referred to as agencies, organizations, families and individuals).

2. Foreign agencies and organizations, international organizations operating in the territory of Vietnam, foreign individuals legally residing in Vietnam.

Article 3. Application of international treaties on gender equality

Where an international treaty to which the Socialist Republic of Vietnam is one of the signatories contains provisions that differ from those of this law, the provisions set out in that international treaty shall be applied.

Article 4. Gender equality goals

The gender equality goals are to eliminate gender discrimination, to create equal opportunities for man and woman in socio-economic development and human resources development in order to reach substantial equality between man and woman, and to establish and enhance cooperation and mutual assistance between man and woman in all fields of social and family life.

Article 5. Interpretation of terms

In this Law, the terms below can be understood as follows:

1. Gender indicates the characteristics, positions and roles of man and woman in all social relationships.

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3. Gender equality indicates that man and woman have equal position and role; are given equal conditions and opportunities to develop their capacities for the development of the community, family and equally enjoy the achievement of that development.

4. Gender preconception is negative and partial attitude, acknowledgement and assessment of the characteristics, position, role and capacity of man or woman.

5. Gender discrimination indicates the act of restricting, excluding, not recognizing or not appreciating the role and position of man and woman leading to inequality between man and woman in all fields of social and family life.

6. Measure to promote gender equality is the measure aimed at ensuring substantial gender equality, set forth by the state authorities in cases there remains considerable imparity between man and woman concerning the positions, roles, conditions, and opportunities for man and woman to bring into play all their capacities and to enjoy the achievement of the development where the application of equal regulations for man and woman cannot remove this imparity. The measure to promote gender equality is to be implemented for a certain period of time and shall end when the gender equality goals have been achieved.

7. Mainstreaming gender equality in the process of making legal normative documents is the measure aimed at achieving the goal of gender equality by defining gender issue, forecasting the gender impact of documents, responsibilities and resources to deal with gender issues in the social relations that are adjusted by legal normative documents.

8. Gender equality activities are activities implemented by agencies, organizations, families and individuals to achieve the gender equality goal.

9. Gender Development Index (GDI) is the synthetic figures reflecting the real situation of gender equality, which are calculated based on life expectancy, educational level and per capita income of man and woman.

Article 6. Basic principles on gender equality

1. Man and woman are equal in all fields of social and family life.

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3. The measures aimed at promoting gender equality are not considered the gender discrimination.

4. Policies aimed at protecting and supporting the mother are not considered gender discrimination.

5. Ensuring the gender mainstreaming in the process of development and implementation of laws.

6. Exercising gender equality is the responsibility of agencies, organizations, families and individuals.

Article 7. State policies on gender equality

1. To ensure gender equality in all fields of politics, economy, culture, society and family; to support and provide man and woman with conditions for them to bring into play their abilities; to give them equal opportunities to take part in the process of development and to benefit from the achievements of the development.

2. To protect and support the mother during pregnancy, giving birth and upbringing her child; to facilitate man and woman in sharing housework.

3. To apply appropriate measures to eliminate backward customs and habits hindering the implementation of the gender equality goal.

4. To encourage agencies, organizations, families and individuals to take part in the gender equality promoting activities.

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Article 8. Contents of state management on gender equality

1. To formulate and implement national strategies, policies and goals on gender equality.

2. To promulgate and implement legal normative documents on gender equality.

3. To promulgate and implement measures aimed at promoting gender equality.

4. To propagate and disseminate policies and law on gender equality.

5. To build, train and foster the cadres working on gender equality.

6. To inspect, examine the implementation of the law on gender equality; to deal with complaints, denunciations and to handle violations of the law on gender equality.

7. To carry out statistical work, provision of information and report on gender equality.

8. To conduct international cooperation on gender equality.

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1. The Government shall have function of unified state management on gender equality.

2. The ministry or the ministerial-level agency assigned by the Government shall be responsible before the Government in implementing the state management on gender equality.

3. Ministries, ministerial-level agencies, within their mandate, shall have responsibility to coordinate with the state management agencies specified in section 2 of this Article to exercise state management on gender equality.

4. People’s committees at all levels exercise the state management on gender equality within their localities as devolved by the Government.

Article 10: Acts strictly prohibited

1. Acts impeding man and woman from exercising gender equality;

2. Gender discrimination in all forms;

3. Gender-based violence;

4. Other acts that are strictly prohibited.

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GENDER EQUALITY IN ALL FIELDS OF SOCIAL AND FAMILY LIFE

Article 11. Gender equality in the field of politics

1. Man and woman are equal in participating in the state management and social activities.

2. Man and woman are equal in participating in the formulation and implementation of village codes, community regulations, agencies and organizations regulations.

3. Man and woman are equal in self-nominating as candidates or in nominating candidates to the National Assembly, people’s councils; and are equal in self-nominating as candidates and in nominating candidates to leading agencies of political organizations, socio-political organizations, socio-political and  professional organizations, social organizations, socio-professional organizations.

4. Man and woman are equal in term of professional qualifications and age when they are promoted or appointed to the same posts of management and leadership in agencies and organizations.

5. Measures to promote gender equality in the field of politics include:

a) To ensure the appropriate proportion of the National Assembly female members and people’s committees female members in accordance with the national gender equality goals.

b) To ensure the appropriate proportion of women in appointing officials to hold titles in the professions in state agencies in accordance with the national gender equality goals.

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1. Man and woman are equal in setting up a business, carrying out business and production activities, managing business and are equal in accessing information, capital, markets and labour sources.

2. Measures to promote gender equality in the field of economy include:

a) Enterprises employing many female workers shall be given tax and financial preferential treatment according to the regulations of the law.

b) Female workers in rural areas shall be given credit aid, encouraged to expand agriculture, forestry and fishery according to the law.

Article 13. Gender equality in the field of labour

1. Man and woman are equal in terms of qualifications and age in recruitment, are treated equally in workplaces regarding work, wages, pay and bonus, social insurance, labour conditions and other working conditions.

2. Man and woman are equal in terms of qualifications and age when they are promoted or appointed to hold titles in the title-standard professions.

3. Measures to promote gender equality in the field of labour include:

a) To provide for proportion of man and woman to be recruited;

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c) Employers create safe and hygienic working condition for female workers in some hard and dangerous professions and occupations or those that have direct contact with harmful substances.

Article 14. Gender equality in the field of education and training

1. Man and woman are equal in terms of age for schooling, training and fostering courses.

2. Man and woman are equal in choosing professions and occupations for learning and training.

3. Man and woman are equal in accessing and benefiting from the policies on education, training, fostering of professional knowledge and skills.

4. Female officials, public servants bringing along their children less than 36 months of age when participating in the training and fostering activities shall be given assistance and support as provided by the Government.

5. Measures to promote gender equality in the field of education and training include:

a) To provide for the proportion of man and woman participating in the study and training;

b) To assist female workers in rural areas in vocational training under the law.

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1. Man and woman are given equal opportunities to approach and apply science and technology.

2. Man and woman are given equal opportunities to participate in training courses on science and technology, dissemination of the results of scientific and technological studies and patents.

Article 16. Gender equality in the fields of culture, information and sport

1. Man and woman are equal in participating cultural, information and sport activities.

2. Man and woman are equal in enjoying culture, and in approaching and using sources of information.

Article 17. Gender equality in the field of public health

1. Man and woman are equal in participating the activities of education and communication on health care, reproductive health and in using health services.

2. Man and woman are equal in choosing and deciding on contraceptive measures, measures for safe sex and for preventing and protecting against HIV/AIDS and other sexually transmitted infectious diseases.

3. Poor women residing in remote and mountainous areas and being ethnic minorities, excluding those who pay compulsory social insurance, when giving birth to a child in accordance with the population policy, shall be supported as provided by the Government.

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1. Wife and husband are equal in the civil relationship and other relationships related to marriage and family.

2. Wife and husband have equal rights and duties in possessing common assets and are equal in using their common income and in deciding their family resources.

3. Wife and husband are equal in discussing, deciding the choice and use the appropriate family planning measure and use the leave to take care of their children as provided by the law.

4. Boys and girls are given equal care, education and provided with equal opportunities to study, work, enjoy, entertain and develop by the family.

5. Female and male members in the family have the responsibility to share housework.

Chapter III

MEASURES TO ENSURE GENDER EQUALITY

Article 19. Measures to promote gender equality

1. The measures to promote gender equality include:

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b) To train, foster to improve the ability of woman or man;

c) To support in providing the conditions and opportunities for woman or man;

d) To provide for specific criteria and conditions for woman or man;

dd) To provide that woman has the right to be selected where woman has the equal qualifications and criteria with man;

e) Measures to promote gender equality provided in Article 11 section 5, Article 12 section 2, Article 13 section 4, Article 14 section 5 of this Law.

2. The National Assembly, the National Assembly’s Standing Committee and the Government have the authority to stipulate measures to promote gender equality as provided in section 1 of this Article, have the responsibility to review the implementation of measures to promote gender equality and to decide to end these measures when the goals of gender equality have been achieved.

Article 20. To ensure the basic principles of gender equality in the improvement of legal normative documents system

1. The development, amendment and supplementation of legal normative documents must ensure the basic principles of gender equality.

2. The basic principles of gender equality are the key foundations in checking to amend and supplement the legal normative documents.

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1. The mainstreaming of gender equality in the development of legal normative documents shall include:

a) To define gender issue and measures to implement in the field that is adjusted by legal normative documents;

b) To forecast the impact of the regulations in the legal normative documents on woman and man when promulgated;

c) To determine the responsibility and resources to deal with gender issues within the adjustment scope of legal normative documents.

2. The key drafting agency of legal normative documents has the responsibility to mainstream gender equality in the documents and prepare reports on the mainstreaming of gender equality in the development process of legal normative documents according to the contents laid down in section 1 of this Article and in annexes of information and statistics on gender related to the draft legal normative documents.

3. The assessing agency of legal normative documents has the responsibility to coordinate with the state management agency of gender equality to appraise the mainstreaming of gender equality in the development of legal normative documents. Issues subjected to appraisal include:

a) The identification of the gender issue in the draft laws and other documents;

b) Ensuring the basic principles of gender equality in the draft laws and other documents;

c) The feasibility of the solution to the issue of gender that is subject to adjustment in the draft laws and other documents;

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4. The Government shall stipulate the mainstreaming of gender equality in development of legal normative documents.

Article 22. Examination of the mainstreaming of gender equality

1. The National Assembly Committee responsible for the gender issue shall have the responsibility to coordinate with the Council of Ethnic Minorities and other committees of the National Assembly to examine the mainstreaming of gender equality in the draft laws, ordinances and resolutions before submitting to the National Assembly and the National Assembly’s Standing Committee for review and adoption.

2. Contents of the examination of the mainstreaming of gender equality shall include:

a) The identification of the gender issue in the draft laws and other documents;

b) The insurance of the principles of gender equality in the draft laws and other documents;

c) The compliance with the procedure and sequence for assessing the mainstreaming of gender equality in development of draft laws and other documents;

d) The feasibility of the draft laws and other documents to ensure gender equality.

Article 23. Information, education, communication on gender and gender equality

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2. The information, education, communications on gender and gender equality shall be included in the education syllabus in schools, in activities of agencies, organizations and community.

3. The information, education, communications on gender and gender equality shall be conducted through the education programmes, publications, broadcasts and television programmes and other forms.

Article 24. Financial resources for the gender equality activities

1. The financial resources for the gender equality activities shall include:

a) State budget;

b) Voluntary contribution of organizations and individuals;

c) Other sources of legal incomes.

2. The management and use of the financial resources for gender equality activities must meet the set objectives, be effective and in accordance with the law.

Chapter IV

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Article 25. Responsibility of the Government

1. To promulgate national strategies, policies and targets on gender equality and to annually report to the National Assembly on the implementation of the national gender equality goals.

2. To submit to the National Assembly, the National Assembly’s Standing Committee for the promulgation or to promulgate legal normative documents on gender equality within the extent of their competence.

3. To direct and conduct the mainstreaming of gender equality in the development of legal normative documents within its competence.

4. To implement the laws on gender equality; to direct and to conduct the inspection and examination of observance of the law on gender equality.

5. To publicize national information on gender equality; to regulate and direct to implement the criteria for gender classification in the state statistical data.

6. To coordinate with the Vietnam Fatherland Front and the Vietnam’s Women Union; and to direct relevant agencies in propagandizing, disseminating and educating the laws and in raising the awareness of gender equality for the people.

Article 26. Responsibility of state management agency of gender equality

1. To develop and submit to the Government on the promulgation of national strategy, policies, and target programmes on gender equality.

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or to give guidelines on develop legal normative documents on gender equality within its competence.

3. To participate in assessing the mainstreaming of gender equality in development

of legal normative documents.

4. To synthesize and report to the Government on the implementation of the national goals of gender equality.

5. To play the key role in coordinating with the ministries, ministerial-level agencies in exercising state management function on gender equality.

6. To examine, inspect and handle violations, complaints and denunciation against violations of gender equality.

Article 27. Responsibility of the ministries, ministerial-level agencies

Within the scope of their duties and authorities, ministries and ministerial-level agencies have the following responsibilities:

1. To review current legal normative documents to amend, supplement, annul or promulgate within their competence or to submit to the competent agencies on amendment, supplement, annulment and promulgation of legal normative documents to ensure gender equality in their field.

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3. To coordinate with the state management agencies on gender equality to assess the situation of gender equality in their field; to inspect, examine and handle violations of the law on gender equality.

Article 28. Responsibility of the people’s committee at all levels

1. To develop plan to implement the national goals of gender equality at the locality.

2. To submit to the people’s councils to promulgate or promulgate the legal normative documents on gender equality within its competence.

3. To implement law on gender equality at the locality.

4. To inspect, examine and handle with violations against the law on gender equality within its competence.

5. To organize and conduct the propaganda and education on gender and law on gender equality for the local people.

Article 29. Responsibility of the Vietnam Fatherland Front and its member organizations

1. To participate in the development of policies and laws and to participate in state management of gender equality under the law.

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3. To participate in the overseeing of the implementation of the law on gender equality.

4. To propagate and mobilize the people, members of associations, members of organizations to exercise gender equality.

Article 30. Responsibility of the Vietnam’s Women Union

1. To implement the regulations in Article 29 of this Law.

2. To conduct activities in supporting women and contributing to the fulfillment of the gender equality goals.

3. To coordinate with relevant agencies and organizations to foster and recommend qualified women as candidates to the National Assembly and people’s councils; and to recommend qualified women to participate in management and leading of agencies in the political systems at all levels.

4. To exercise the representative function, protecting the legitimate rights and interests of women and girls under the law.

5. To conduct social opponency against policies and laws concerning gender equality.

Article 31. Responsibility of state agencies, political organizations, socio- political organizations in implementation of gender equality within their own agencies and organizations

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a) To ensure that male and female officials, civil servants and public employees are equal in employment, training, promotion, appointment and enjoyment of welfare;

b) To ensure that officials, civil servants and public employees shall be assessed basing on the principle of gender equality.

2. In their operation, state agencies, political organizations, socio-political organizations have the responsibility:

a) To identify the real situation of gender equality; to develop and ensure the implementation of the goals of gender equality within their agencies, organizations and to annually report;

b) To ensure the participation of male and female officials, civil servants and public employees in law development and implementation, in programmes, plans and projects on development of economy, culture and society, unless otherwise provided by law.

c) To educate about gender and the law on gender equality for officials, civil servants and public employees under their management;

d) To establish measures to encourage officials, civil servants and public employees to exercise gender equality within agencies, organizations and families;

dd) To facilitate the development of social welfare establishments and support services to reduce the workload of the family.

Article 32. Responsibility of other agencies and organizations within their own agencies and organizations

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a) To ensure the equality between men and women in their participation and benefit enjoyment;

b) To timely report or provide information about gender equality within agencies and organization at the request of competent agencies.

c) To propose or to participate in the development of policy and law on gender equality related to the operation of their agencies and organizations.

2. Depending on their capacities and circumstances, agencies and organizations shall be actively conduct or to coordinate in conducting following activities to promote gender equality:

a) To organize activities to propagate knowledge about gender and the law on gender equality to the members of agencies, organizations and employees;

b) To assign staff to take part in gender equality activities;

c) To conduct researches and apply research results to strengthen gender equality;

d) To provide financial resources for gender equality activities;

dd) To set up appropriate network of kindergartens so that male and female workers could harmonize productive labour and housework;

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g) To create favorable conditions for male workers to have full paid leave and allowances when their wives give birth.

All activities provided in this section are encouraged to be implemented by the State.

Article 33. Responsibility of the family

1. To create favorable conditions for members of the family to raise their awareness and knowledge on gender equality and to participate in gender equality-related activities.

2. To educate members of the family to be responsible for sharing housework and allocating housework to members of the family in an appropriate manner.

3. To look after reproductive health and create favorable conditions to women to exercise their safe motherhood.

4. To equally treat and provide equal opportunity to boys and girls in their study, work and participation in other activities.

Article 34. Responsibility of citizens

Male and female citizens have the responsibility:

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2. To exercise and to guide other people to exercise reasonable behaviors on gender equality.

3. To criticize and prevent any gender discriminatory acts.

4. To oversee the implementation and ensure gender equality within community, organizations and agencies and among citizens.

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;

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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.

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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;

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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:

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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;

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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.

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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.

Chapter VI

IMPLEMENTATION PROVISIONS

Article 43. Implementation validity

This Law shall come into force from 01 July 2007.

Article 44. Implementation guidance

The Government shall stipulate detailed regulations and give guidance on the implementation of this Law.

This Law has been adopted at the 10^th session, XI Legislature of the National Assembly of the Socialist Republic of Vietnam on 29 November 2006.

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CHAIRMAN OF THE NATIONAL ASSEMBLY




Nguyen Phu Trong

Luật Bình đẳng giới 2006