Vietnam: What are the penalties for using force to obstruct drag queens from performing because of gender prejudice? What are the regulations on gender equality in culture?
Vietnam: Is it illegal to use force to obstruct drag queens from performing because of gender prejudice?
Drag Queen is not a legal term but is widely known nowadays. Accordingly, a drag queen is a person, usually male, who uses drag clothing and makeup to imitate and often exaggerate female gender signifiers and gender roles for entertainment purposes.
Administrative violations in the field of gender equality related to culture, physical training and sports are defined in Article 11 of Decree 125/2021/ND-CP as follows:
- Infringing upon honor and dignity in order to prevent people from composing, criticizing literature and art, performing or participating in other cultural activities, physical training and sports activities because of gender prejudice;
- Threatening to use force or mental intimidation to prevent people from composing, criticizing literature, art, performing or participating in other cultural activities, physical training and sports activities because of gender prejudice;
- Using force to obstruct people from composing, criticizing literature, art, performing or participating in other cultural activities, physical training and sports activities because of gender prejudice;
- Preventing others from composing, criticizing literature, art, performing or participating in other cultural activities, physical training and sports activities because of gender prejudice;
- By themselves or inciting others to practice outdated customs and practices that are gender prejudice in any form;
- Composing, publishing or permitting the publication of works and cultural products with contents promoting and propagating sexism or gender prejudice in any genre or form;
- Disseminating outdated ideas, customs and practices that are sexism in any form;
- Setting up and implementing regulations with sexism in community conventions.
Accordingly, using force to obstruct other people from performing (such as drag queen shows) because of gender prejudice is considered an administrative violation in the field of law on gender equality related to culture, physical training and sports.
Therefore, the person who commits this act will be imposed a penalty depending on the level and nature of the obstructing act.
Vietnam: What are the penalties for using force to obstruct drag queens from performing because of gender prejudice? What are the regulations on gender equality in culture? (Image from the Internet)
Vietnam: What are the administrative violations for using force to obstruct drag queens from performing because of gender prejudice?
Pursuant to Point a, Clause 2, Article 11 of Decree 125/2021/ND-CP, the fine levels for acts of violently obstructing performances due to gender prejudice are prescribed as follows:
Administrative violations in the field of gender equality related to culture, physical training and sports
...
2. A fine of between VND 3,000,000 and 5,000,000 shall be imposed for one of the following acts:
a) Using force to obstruct people from composing, criticizing literature and art, performing or participating in other cultural activities, physical training and sports activities because of gender prejudice;
In addition, according to the provisions of Point b, Clause 4, Article 11 of Decree 125/2021/ND-CP, the person who commits this act must also bear the additional penalty of having the material evidence and means confiscated.
At the same time, persons using force to obstruct drag queens from performing because of gender prejudice must also take remedial measures according to the content at point b, clause 5, Article 11 of Decree 125/2021/ND-CP and Point dd, Clause 5, Article 11 of Decree 125/2021/ND-CP.
Specifically:
Administrative violations in the field of gender equality related to culture, physical training and sports
...
5. Remedial measures:
...
b) Forcible restoration of lawful rights of the infringed person, for the acts specified at Points a and b, Clause 2 of this Article;
...
dd) Forcible payment of all reasonable medical examination and treatment expenses, for the acts specified at Point b, Clause 1 and Point a, Clause 2 of this Article, in case of causing damage to the aggrieved person's health or spirit;
Thus, users using force to obstruct drag queens from performing for reasons of gender prejudice will face a fine of up to VND 5,000,000, confiscation of infringing material evidence and means, restoration of benefit, and bear all costs of medical examination and treatment if causing damage to the health and spirit of the drag queen who is infringed.
What are the regulations on gender equality in Vietnam?
The law stipulates the content of gender equality in culture in Article 15 of the Law on Gender Equality 2006 as follows:
Gender equality in the field of science and technology
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.
In Article 34 of the Law on Gender Equality 2006, the responsibility of citizens to implement gender equality is as follows:
Responsibility of citizens
Male and female citizens have the responsibility:
1. To study to improve knowledge and awareness of gender and gender equality.
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.
Thus, each citizen has the responsibility to implement and ensure gender equality, contributing to preventing acts of sexism.
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