Theory and practice of applying precedents and recommendations for applying precedents in Vietnam
21/11/2024
Socio-political agencies and organizations, such as the Ministry of Labor, War Invalids and Social Affairs, the National Committee for the Advancement of Vietnamese Women, the Central Committee of the Vietnam Fatherland Front, the Central Committee of the Vietnam Women's Union and local agencies and authorities have also strongly implemented the issue of gender equality, focusing on raising awareness of gender equality implementation; developing appropriate communication products to propagate and disseminate gender equality; organizing learning activities, conferences, seminars, and discussions to draw experience from implementing and replicating the model.
However, in recent times, besides the successes in implementing the CSPL on gender equality, we still face many obstacles and difficulties when being affected by the negative impacts of two regional and global financial and economic crises in 1997 and 2007 and the current Covid-19 pandemic, which have greatly affected the development of the country. The uneven economic growth rate between regions has increased the gap in the material and spiritual life of people between urban and rural areas, plains and mountainous areas, remote areas, and islands, which tends to increase, making the implementation of gender equality goals in rural, mountainous, remote and isolated areas difficult1.
Although in recent years, there have been many positive changes in employment opportunities, income and social mobility for women and men, in reality, the female workforce is concentrated in the informal sector and low-wage jobs, so the average income of women is still lower than that of men. One of the fundamental causes of this inequality is that the dual role of women, both participating in social work and having to spend time taking care of children and family, is deeply embedded in the perception of society and of women themselves about “motherhood”, causing many women to lose opportunities in studying, career, participating in social activities and leadership and management. As caregivers, women often tend to give up opportunities to take on leadership roles and accept the responsibility of caring for and supporting their husbands, children and family members on both sides2.
According to the Global Gender Gap Report (WEF 2020) in the 10 years from 2011 - 2020, Vietnam's Gender Equality Index (ranked in 4 areas: politics, economics, education, health) is unstable and tends to decline, from 79/135 countries (in 2011) to 83/145 (in 2015) and 87/153 (in 2020). Violence against women in the family and in society is still quite common. The 2019 National Survey on Violence Against Women in Vietnam showed that nearly 2 out of 3 women have been physically, sexually, mentally or economically abused by their husbands/partners or controlled at least once in their lives. Nearly 1 out of 3 women are currently experiencing violence (in the past 12 months)3.
Gender imbalance at birth is also a major challenge in terms of gender equality today. Although in 2019, the sex ratio at birth decreased to 111.5 boys born for every 100 girls, this ratio is still very high. Harmful gender practices through fetal sex selection that increase the sex ratio at birth are one of the reasons why Vietnam has dropped in the gender gap rankings. In 2020, Vietnam ranked 87/153, with a total score of 0.7, down 10 places compared to 2018 and 15 places compared to 2010, although the score increased but not significantly4.
The work of monitoring - supervision - evaluation and the work of inspection, examination and handling of violations of the law on gender equality in the fields of economics, labor and employment still has many limitations. In fact, there are currently no policies to attract male primary and preschool teachers or support scholarships for girls. The policy to support female cadres, civil servants and public employees when participating in training and fostering with children under 36 months old is only generally stipulated in Decree No. 101/2017/ND-CP dated September 1, 2017 of the Government on training and fostering cadres, civil servants and public employees. Most education and vocational training policies do not directly refer to women or men, but there are still gender-inequal regulations in the field of education and training.
The 2011-2020 strategy has not yet mentioned gender issues in the field of science and technology. Although Article 15 of the Law on Gender Equality stipulates gender equality in the access and application of science and technology. However, to date, there have been no guidelines for implementing regulations on gender equality in the field of science and technology5.
In the development of high-quality human resources, specifically doctoral degrees, the gender gap is still quite large. The main reason is due to barriers related to marriage, childbirth and family care responsibilities of women. Ensuring gender equality in accessing and enjoying health care services is still low... According to Report No. 474/BC-CP dated October 6, 2020 of the Government on the implementation of national goals on gender equality in 2019 and the period 2011-2020, only 14 targets have met the set targets; 7/22 targets have not been met and 1 target does not have enough basis to evaluate the results (while the National Strategy on Gender Equality for the period 2011-2020 sets out 22 specific targets). Data from 2019 provided by the Ministry of Home Affairs shows that the percentage of state agencies with 30% or more women and key female officials is: 53% (ministry/branch), 45.52% (provincial level); 53.74% (district level) and 35.64% (commune level). Particularly for Party agencies and socio-political organizations with 30% or more women and key female leaders, it has not been assessed because data has not been collected yet6.
Solutions to improve the effectiveness of implementing policies and laws on gender equality in Vietnam
Firstly, it is necessary to focus on implementing Resolution No. 28/NQ-CP dated March 3, 2021 of the Government promulgating the National Strategy on Gender Equality for the period 2021-2030, which emphasizes the general goal: "Continue to narrow the gender gap, create conditions and opportunities for women and men to participate and enjoy equality in all areas of social life, contributing to the sustainable development of the country" and implement 6 specific goals: Goal 1: In the political field; Goal 2: In the economic and labor fields; Goal 3: In family life and prevention and response to gender-based violence; Goal 4: In the health sector; Goal 5: In the education and training sector; Goal 6: In the information and communication sector. At the same time, strengthen the leadership and direction of Party committees at all levels and the management responsibility of authorities at all levels in raising awareness, implementing and perfecting institutions on gender equality. Particularly promote the role and responsibility of leaders in implementing regulations on gender equality.
Second, perfecting the CSPL system to ensure gender equality principles in relevant fields. Integrating gender equality contents in the development of CSPL and programs, strategies, and socio-economic development plans, and creating conditions for women to fully and equitably access economic resources (such as cultivated land, credit sources, market information, information on laws and policies), and equal opportunities to participate in production and business.
Continue to improve policies and expand the number of participants in social insurance, especially for new groups of workers; implement measures to meet the needs of women and men participating in voluntary insurance and unemployment insurance, paying attention to vulnerable groups (such as migrant workers, poor workers in rural areas, and ethnic minority areas). Have policies to support vocational training facilities for rural workers, especially those that attract many female workers.
Third, develop and implement programs to promote the implementation of gender equality and prevent and respond to gender-based violence: communication to raise awareness and change behavior on gender equality; integrate gender equality content into the official curriculum at all levels of education; prevent and respond to gender-based violence; improve gender equality capacity for legal staff, strengthen gender mainstreaming in the development of legal documents; enhance equal participation of women in leadership and management positions at all levels of policy making.
Fourth, promote information, propaganda, and application of information technology to raise awareness of gender equality among all classes of people. Every year, organize the Month of Action for Gender Equality and Prevention and Response to Gender-Based Violence from November 15 to December 15.
Fifth, strengthen the capacity of the state management apparatus on gender equality at all levels; build a national statistical database on gender (such as building a database on the labor market and vocational training separated by gender. The Ministry of Labor, War Invalids and Social Affairs strengthens research, forecasting trends and labor market needs; organizes surveys on labor needs in all types of enterprises) 7. Continue to strengthen inter-sectoral inspection and examination of the implementation of laws on gender equality; inspect the implementation of policies for the female workforce in vocational training policies, social insurance, labor protection and retirement regimes.
Sixth, proactively strengthen international cooperation in implementing the goals of gender equality; seek technical, financial and professional support from foreign countries, organizations and individuals in the field of gender equality.
Affirming the position and role of women in the integration and development of the country, Vietnamese women continue to make important contributions to the development of society. With the legal policies on gender equality of the Party and State, we are increasingly creating more opportunities for women to have men share housework, have more time to participate in social work and other activities. Thanks to these legal policies, women are equal in all aspects. Therefore, promoting gender equality and empowering women is the goal of countries in the world in general and of Vietnam in particular. Therefore, in addition to the achievements in the field of gender equality, we still need to continue to improve legal policies on gender equality; strengthen the role of the entire political system; mobilize resources to ensure gender equality is truly effective.
Although in recent years, there have been many positive changes in employment opportunities, income and social mobility for women and men, in reality, the female workforce is concentrated in the informal sector and low-wage jobs, so the average income of women is still lower than that of men. One of the fundamental causes of this inequality is that the dual role of women, both participating in social work and having to spend time taking care of children and family, is deeply embedded in the perception of society and of women themselves about “motherhood”, causing many women to lose opportunities in studying, career, participating in social activities and leadership and management. As caregivers, women often tend to give up opportunities to take on leadership roles and accept the responsibility of caring for and supporting their husbands, children and family members on both sides2.
According to the Global Gender Gap Report (WEF 2020) in the 10 years from 2011 - 2020, Vietnam's Gender Equality Index (ranked in 4 areas: politics, economics, education, health) is unstable and tends to decline, from 79/135 countries (in 2011) to 83/145 (in 2015) and 87/153 (in 2020). Violence against women in the family and in society is still quite common. The 2019 National Survey on Violence Against Women in Vietnam showed that nearly 2 out of 3 women have been physically, sexually, mentally or economically abused by their husbands/partners or controlled at least once in their lives. Nearly 1 out of 3 women are currently experiencing violence (in the past 12 months)3.
Gender imbalance at birth is also a major challenge in terms of gender equality today. Although in 2019, the sex ratio at birth decreased to 111.5 boys born for every 100 girls, this ratio is still very high. Harmful gender practices through fetal sex selection that increase the sex ratio at birth are one of the reasons why Vietnam has dropped in the gender gap rankings. In 2020, Vietnam ranked 87/153, with a total score of 0.7, down 10 places compared to 2018 and 15 places compared to 2010, although the score increased but not significantly4.
The work of monitoring - supervision - evaluation and the work of inspection, examination and handling of violations of the law on gender equality in the fields of economics, labor and employment still has many limitations. In fact, there are currently no policies to attract male primary and preschool teachers or support scholarships for girls. The policy to support female cadres, civil servants and public employees when participating in training and fostering with children under 36 months old is only generally stipulated in Decree No. 101/2017/ND-CP dated September 1, 2017 of the Government on training and fostering cadres, civil servants and public employees. Most education and vocational training policies do not directly refer to women or men, but there are still gender-inequal regulations in the field of education and training.
The 2011-2020 strategy has not yet mentioned gender issues in the field of science and technology. Although Article 15 of the Law on Gender Equality stipulates gender equality in the access and application of science and technology. However, to date, there have been no guidelines for implementing regulations on gender equality in the field of science and technology5.
In the development of high-quality human resources, specifically doctoral degrees, the gender gap is still quite large. The main reason is due to barriers related to marriage, childbirth and family care responsibilities of women. Ensuring gender equality in accessing and enjoying health care services is still low... According to Report No. 474/BC-CP dated October 6, 2020 of the Government on the implementation of national goals on gender equality in 2019 and the period 2011-2020, only 14 targets have met the set targets; 7/22 targets have not been met and 1 target does not have enough basis to evaluate the results (while the National Strategy on Gender Equality for the period 2011-2020 sets out 22 specific targets). Data from 2019 provided by the Ministry of Home Affairs shows that the percentage of state agencies with 30% or more women and key female officials is: 53% (ministry/branch), 45.52% (provincial level); 53.74% (district level) and 35.64% (commune level). Particularly for Party agencies and socio-political organizations with 30% or more women and key female leaders, it has not been assessed because data has not been collected yet6.
Solutions to improve the effectiveness of implementing policies and laws on gender equality in Vietnam
Firstly, it is necessary to focus on implementing Resolution No. 28/NQ-CP dated March 3, 2021 of the Government promulgating the National Strategy on Gender Equality for the period 2021-2030, which emphasizes the general goal: "Continue to narrow the gender gap, create conditions and opportunities for women and men to participate and enjoy equality in all areas of social life, contributing to the sustainable development of the country" and implement 6 specific goals: Goal 1: In the political field; Goal 2: In the economic and labor fields; Goal 3: In family life and prevention and response to gender-based violence; Goal 4: In the health sector; Goal 5: In the education and training sector; Goal 6: In the information and communication sector. At the same time, strengthen the leadership and direction of Party committees at all levels and the management responsibility of authorities at all levels in raising awareness, implementing and perfecting institutions on gender equality. Particularly promote the role and responsibility of leaders in implementing regulations on gender equality.
Second, perfecting the CSPL system to ensure gender equality principles in relevant fields. Integrating gender equality contents in the development of CSPL and programs, strategies, and socio-economic development plans, and creating conditions for women to fully and equitably access economic resources (such as cultivated land, credit sources, market information, information on laws and policies), and equal opportunities to participate in production and business.
Continue to improve policies and expand the number of participants in social insurance, especially for new groups of workers; implement measures to meet the needs of women and men participating in voluntary insurance and unemployment insurance, paying attention to vulnerable groups (such as migrant workers, poor workers in rural areas, and ethnic minority areas). Have policies to support vocational training facilities for rural workers, especially those that attract many female workers.
Third, develop and implement programs to promote the implementation of gender equality and prevent and respond to gender-based violence: communication to raise awareness and change behavior on gender equality; integrate gender equality content into the official curriculum at all levels of education; prevent and respond to gender-based violence; improve gender equality capacity for legal staff, strengthen gender mainstreaming in the development of legal documents; enhance equal participation of women in leadership and management positions at all levels of policy making.
Fourth, promote information, propaganda, and application of information technology to raise awareness of gender equality among all classes of people. Every year, organize the Month of Action for Gender Equality and Prevention and Response to Gender-Based Violence from November 15 to December 15.
Fifth, strengthen the capacity of the state management apparatus on gender equality at all levels; build a national statistical database on gender (such as building a database on the labor market and vocational training separated by gender. The Ministry of Labor, War Invalids and Social Affairs strengthens research, forecasting trends and labor market needs; organizes surveys on labor needs in all types of enterprises) 7. Continue to strengthen inter-sectoral inspection and examination of the implementation of laws on gender equality; inspect the implementation of policies for the female workforce in vocational training policies, social insurance, labor protection and retirement regimes.
Sixth, proactively strengthen international cooperation in implementing the goals of gender equality; seek technical, financial and professional support from foreign countries, organizations and individuals in the field of gender equality.
Affirming the position and role of women in the integration and development of the country, Vietnamese women continue to make important contributions to the development of society. With the legal policies on gender equality of the Party and State, we are increasingly creating more opportunities for women to have men share housework, have more time to participate in social work and other activities. Thanks to these legal policies, women are equal in all aspects. Therefore, promoting gender equality and empowering women is the goal of countries in the world in general and of Vietnam in particular. Therefore, in addition to the achievements in the field of gender equality, we still need to continue to improve legal policies on gender equality; strengthen the role of the entire political system; mobilize resources to ensure gender equality is truly effective.