B2.4.1. Policies, laws and regulations on gender equality
Gender equality is recognised in the Constitution[1] as well as in the Law on Gender Equality (2006)[2] and in a range of other policies, laws and regulations. Gender equality is expected to be addressed and respected throughout the implementation of the National REDD+ Action Program,[3] Provincial REDD+ Action Plans, and REDD+ programs.
The Law on Gender Equality (2006) outlines the overall goals, principles, policy and measures to promote gender equality and eliminate discrimination on the grounds of gender.[4] State agencies, political organisations, and social and professional organisations are expected to strive to meet these goals, to educate their members and to take additional measures, including the establishment of social welfare establishments and support services.[5]
In order to achieve the goals laid out in the Gender Equality Law, the National Strategy on Gender Equality (2011-2030)[6] includes more specific objectives and targets for enhancing gender equality in Viet Nam including:
● By 2025 to reach 60%, and by 2030 75%, of the local administations of all state management agencies shall have women in key leadership positions;
● Paid women employees to increase to 50% by 2025 and 60% by 2030;
● Percentage of women working in the agricultural sector amongst all employed women to decline to below 30% by 2025 and reach less than 25% by 2030.
The Ministry of Home Affairs (formerly Ministry of Labor, War Invalids and Social Affairs) is the State Management Agency for the Law on Gender Equality (2006) and the National Strategy on Gender Equality (2011-2020).
The Law on Land (2013 and 2024) states that land use rights and property such as houses and other land-attached assets are the joint property of husband and wife and the full names of both husband and wife must be recorded in the certificate of land use rights and ownership unless otherwise agreed.[7]
According to the Law on Promulgation of Normative Legal Documents (2015), gender equality issues must be integrated into legal documents and considered during impact assessments.[8] Decree No. 48/2009/ND-CP providing for measures to assure gender equality, requires that gender equality issues are included in the elaboration of legal documents. It also details further measures to promote gender equality, including information and education, and elaboration of new legislation, and identifies budgetary sources to fund these activities.[9]
[1] The Constitution of Viet Nam (2013), Article 26
[2] The Law on Gender Equality (2006), Article 6
[3] NRAP (2017), Decision No 419/QD-TTg dated 5/4/2017
[4] The Law on Gender Equality (2006), Articles 4, 6, 7 & 19
[5] The Law on Gender Equality (2006), Article 31
[6] National Strategy for Gender Equality 2021-2030
[7] The Law on Land (2013 and 2024)
[8] The Law on Promulgation of Normative Legal Documents (2015), Articles 5, 35, 69 & 87
[9] Decree No. 48/2009/ND-CP providing for measures to assure gender equality details further measures to promote gender equality, Article 1 & Articles 4-14