English - CEDAW Southeast Asia

CEDAW and the Law:
(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 violation
of gender equality.
Article 35: To inspect the implementation of law on gender equality
(1) The state management agency on gender equality exercises the specialized inspection
function on gender equality.
(2) Duties and authority of the inspection function on gender equality include:
(a)To inspect the implementation of law on gender equality;
(b)To inspect the implementation of the national target program of gender equality, and
measures to ensure gender equality;
(c)To function tasks of handling with complaints and denunciation on gender equality
in accordance with this law and the law on complaint and denunciation;
(d)To handle with violations of law on gender equality under the provisions of the law
on handling with administrative violations;
(e)To recommend measures to ensure implementation of the law on gender equality, and
recommend adjustment, supplementations of laws and policies on gender equality;
(f)To function other tasks as stipulated by laws.
After the passage of the law, Directive on Gender Equality Law was issued mandating
the development of a decree to provide details to the Law on Gender Equality, including
assigning an agency in charge of State management of gender equality. After the finalization
of this review, Decree No. 186/2007/ND-CP of December 25, 2007, defining the functions,
tasks, powers and organizational structure of the Ministry of Labour, Invalids and Social Affairs
(Decree on MOLISA) and Decree No. 70/2008/ND-CP of June 4, 2008 Detailing the
Implementation of a Number of Articles of the Law on Gender Equality (Decree on Gender
Equality) identified MOLISA as the state management agency responsible for the implementation
of gender equality.
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In relation to resources, Article 24 of the Law on Gender Equality provides that financial
resources for gender equality activities include: (a) State budget, (b) voluntary contribution of
organizations and individuals; and (c) other sources of legal incomes.
Recommendation: It is suggested that other responsibilities be provided to the
state management agency, such as: (a) monitor compliance with international treaties
and commitments; (b) provide advise or technical assistance on gender equality matters
to the Government; (c) arrange for provision of support services for victims of gender
discrimination; (d) assist and monitor gender mainstreaming in ministries and State
agencies and organizations, including budgetary allocations for gender equality; (e)
work with NGOs, national and international, in the field of gender equality, and (f) lead
and coordinate initiatives on information, education and communication on gender
equality.
Review of key legal documents and compliance with CEDAW