Acts of administrative violation of gender equality and the corresponding fines

Decree 55/2009/ND-CP on sanctioning of administrative violations of gender equality takes effect from August 1, 2009. This Decree specifically stipulates acts of administrative violation of gender equality and the corresponding fines for each violation as follows:

 Acts of administrative violation of gender equality and the corresponding fines in Vietnam

No.

Violations

Acts

Fines

1

Acts of administrative violation of gender equality in politics

Hurting the honor or dignity of men or women who stand as or nominate candidates to the National Assembly, People's Councils or leading bodies of political organizations, socio­political organizations, socio-political-professional organizations, social organizations or socio-processional organizations for gender prejudice reasons;

Caution or a fine of between VND 200,000 and 500,000

Hurting the honor or dignity of men or women in order to obstruct their appointment to managerial or leading positions or professional posts for gender prejudice reasons.

Inciting or embroiling others to vote for only men or women in the election of deputies to the National Assembly. People's Councils or leading bodies of political organizations, socio­political organizations, socio-political-professional organizations, social organizations or socio-professional organizations for gender prejudice reasons;

A fine of between VND 500,000 and 1,000,000

Inciting or embroiling others to vote for only men or women when carrying out procedures to collect comments on candidates for managerial or leading positions or professional posts for gender prejudice reasons;

Deliberately making untruthful propagation to obstruct men or women in standing as or nominating candidates to the National Assembly. People's Councils or leading bodies of political organizations, socio-political organizations, socio-political-professional organizations, social organizations or socio-professional organizations for gender prejudice reasons;

Deliberately making untruthful propagation to obstruct the appointment of men or women to managerial or leading positions or professional posts for gender prejudice reasons.

Inciting others to delay or refuse to supply or delaying or failing to adequately supply information, dossier and forms to obstruct men or women in standing as or nominating candidates to the National Assembly. People's Councils or leading bodies of political organizations, socio-political organizations, socio-political-professional organizations, social organizations and socio-professional organizations for gender prejudice reasons

A fine of between VND 1,000,000 and 3,000,000

Inciting others to delay or delaying the implementation of procedures to obstruct the appointment of men or women to managerial or leading positions or professional posts for gender prejudice reasons:

Threatening to use force or using moral intimidation to obstruct men or women in standing as or nominating candidates to the National Assembly. People's Councils or leading bodies of political organizations, socio-political organizations, socio-political-professional organizations, social organizations and socio-professional organizations for gender prejudice reasons

Threatening to use force or using moral intimidation to obstruct the appointment of men or women to managerial or leading positions or professional posts for gender prejudice reasons.

Using force to obstruct men or women in standing as or nominating candidates to the National Assembly. People's Councils or leading bodies of political organizations, socio-political organizations, socio-political-professional organizations, social organizations and socio-professional organizations for gender prejudice reasons

A fine of between VND 3,000,000 and 5,000,000

Using force to obstruct the appointment of men or women to managerial or leading positions or professional posts for gender prejudice reasons

Modifying or falsifying dossiers or forcing others to modify or falsify dossiers to obstruct men or women in standing as or nominating candidates to the National Assembly. People's Councils or leading bodies of political organizations, socio-political organizations, socio-political-professional organizations, social organizations and socio-professional organizations for gender prejudice reasons

Modifying or falsifying dossiers or forcing others to modify or falsify dossiers to obstruct the appointment of men or women to managerial or leading positions or professional posts for gender prejudice reasons

Disallowing men or women to stand as or nominating candidates to the National Assembly. People's Councils or leading bodies of political organizations, socio-political organizations, socio­political-professional organizations, social organizations and socio-professional organizations for gender prejudice reasons

Failing to appoint men or women to managerial or leading positions or professional posts for gender prejudice reasons

Formulating and implementing regulations and rules containing gender discrimination provisions.

A fine of between VND 20,000,000 and 40,000,000

2

Acts of administrative violation of gender equality in economy

Hurting the honor or dignity of men or women who set up businesses or conduct business activities for gender prejudice reasons

Caution or a fine of between VND 200,000 and 500,000

Threatening to use force or using moral intimidation to obstruct men or women in setting up businesses or conducting business activities for gender prejudice reasons

A fine of between VND 1.000,000 and 3,000,000

Inciting others to delay the supply or failing to promptly and adequately supply information, documents and dossier forms to men or women when carrying out procedures to set up businesses or conduct business activities according to regulations for gender prejudice reasons.

Using force to obstruct men or women in setting up businesses or conducting business activities due to gender prejudice

A fine of between VND 3.000,000 and 5.000,000

Modifying or falsifying dossiers to obstruct men or women in setting up businesses or conducting business activities for gender prejudice reasons

Forcing others to modify or falsify dossiers to obstruct men or women in setting up businesses or conducting business activities for gender prejudice reasons

Running commercial advertisements unfavorable to the prestige and lawful rights and interests of business owners and traders of one certain gender.

A fine of between VND 20,000,000 and 40,000,000

3

Acts of administrative violation of gender equality in labor

Assigning jobs based on gender discrimination, resulting in a disparity in income, salary or remuneration levels between male and female laborers having the same qualifications and capabilities.

A fine of between VND 3,000,000 and 5.000,000

Applying different conditions in recruiting male and female laborers to the same jobs though they have the same qualification and capabilities, except for cases of applying measures to promote gender equality or for particular professions prescribed by law

A fine of between VND 5,000,000 and 10,000,000

Refusing to recruit or recruiting a limited number of male or female laborers for gender reasons, except for cases of applying measures to promote gender equality; dismissing or sacking laborers for gender reasons or for their pregnancy, giving birth or raising small children.

4

Acts of administrative violation of gender equality in education and training

Urging or forcing others to drop out of school for gender reasons

Caution or a fine of between VND 200,000 and 500,000

Urging or forcing in an organized manner many persons to drop out of school for gender reasons

A fine of between VND 5,000,000 and 10,000,000

Refusing to enroll qualified persons in training or retraining courses for gender reasons or for their pregnancy, giving birth or raising small children.

Prescribing different training and enrolment ages between men and women

A fine of between VND 10,000,000 and 20,000,000

Providing vocational education, compiling and disseminating textbooks, teaching materials or teaching programs with gender prejudice contents

5

Acts of administrative violation of gender equality in science and technology

Hurting the honor or dignity of men or women to obstruct them in participating in scientific and technological activities for gender prejudice reasons.

Caution or a fine of between VND 200,000 and 500,000

Threatening to use force or using moral intimidation to obstruct men or women in participating in scientific and technological activities for gender prejudice reasons

A fine of between VND 100,000 and 3,000,000

Failing to promptly and adequately supply information and documents to obstruct men or women in participating in scientific and technological activities for gender prejudice reasons

Using force to obstruct men or women in participating scientific or technological activities for gender prejudice reasons

A fine of between VND 3,000,000 and 5,000,000

Disallowing men or women to participate in scientific and technological activities for gender prejudice reasons

Refusing to admit persons of one certain gender to training courses or scientific or technological activities for gender prejudice reasons.

A fine of between VND 20,000,000 and 40.000,000

6

Acts of administrative violation of gender equality in culture, information and physical training and sports

Hurting the honor and dignity of men or women to obstruct them in composing or criticizing literary and art works, performing and participating in other cultural activities and physical training and sport activities for gender prejudice reasons

Caution or a fine of between VND 200,000 and 500,000

Conducting by oneself or inciting others to conduct backward practices and customs of gender discrimination in any forms

Threatening to use force or using moral intimidation in order to obstruct men or women in composing or criticizing literary and art works, performing and participating in other cultural activities and physical training and sport activities gender prejudice reasons.

A fine of between VND 1,000,000 and 3,000,000

Using force to obstruct men or women in composing or criticizing literary and art works, performing and participating in other cultural activities and physical training and sport activities for genres prejudice reasons

A fine of between VND 3,000,000 and 5,000,000

Disallowing men or women to compose or criticize literary and art works, perform and participate in other cultural activities and physical training and sport activities for gender prejudice reasons

Composing, circulating, publishing, or allowing the publication of. works which advocate or propagate gender inequality or prejudice in any genres or forms

A fine of between VND 10,000,000 and 20,000,000

Spreading ideas and backward practices and customs of gender discrimination nature in any forms

Running advertisements for social services, notices, messages or small ads which advocate or propagate gender inequality or gender prejudice

Running advertisements for social services, notices, messages or small ads which advocate or propagate gender inequality or gender prejudice

7

Acts of administrative violation of gender equality in healthcare

Hurting the honor or dignity of persons who participate in health education activities for gender prejudice reasons

Caution or a fine of between VND 200,000 and 500,000

Inciting others not to participate in health education activities for gender prejudice reasons

Delaying or failing to promptly and adequately supply documents to persons participating in health education activities due to gender prejudice

Obstructing or disallowing others in participating in health education activities for gender prejudice reasons

A fine of between VND 1.000,000 and 3,000,000

Threatening to use force or using moral intimidation toward persons participating in health education activities for gender prejudice reasons

Using force to obstruct other in participating in health education activities for gender prejudice reasons

A fine of between VND 3.000,000 and 5,000,000 

Inciting others to make gender-based abortions

8

Acts of administrative violation of gender equality in the family

Hurting the honor or dignity of family members who satisfy all law-prescribed conditions to obstruct them in participating in the disposition of assets under common ownership of the family for gender reasons

Caution or a fine of between VND 200,000 and 500,000

Hurting the honor or dignity of family members or using moral intimidation to prevent them from using assets under common ownership of the family, conducting income-generating activities or satisfying other needs of the family for gender prejudice reasons

Failing to take care of, educate or create the same conditions in study, labor, recreation, entertainment and development for male and female members of the family

Disallowing family members who satisfy all law-prescribed conditions to participate in the disposition of assets under common ownership of the family for gender reasons

A fine of between VND 500,000 and 1,000,000

Disallowing male or female family members to participate in social work for gender prejudice reasons

Threatening to use force or using moral intimidation to obstruct family members who satisfy all law-prescribed conditions in participating in the disposition of assets under common ownership of the family for gender reasons

Imposing housework and the taking of contraceptive measures or sterilization as responsibilities of family members of one certain gender

Using force to obstruct family members who satisfy all law-prescribed conditions in participating in the disposition of assets under common ownership of the family for gender reasons.

A fine of between VND 1,000,000 and 3,000,000

Nguyễn Trinh  

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