English - CEDAW Southeast Asia

CEDAW and the Law:
Article 2 of the Marriage and Family Law (No. 22/2000/QH10 of June 9, 2000) (Marriage
and Family Law) states, among its basic principles: “Voluntary, progressive and monogamous
marriage in which husband and wife are equal.” and “The State and society shall
not accept the discrimination among children…”
Article 3 of the Penal Code (No.15/1999/QH10 of December 21, 1999) (Penal Code) states,
as one of the handling principles: “All offenders are equal before the law, regardless of
the sex, nationality, beliefs, religion, social class and status.”
Article 5 of the Civil Procedure Code (No. 24/2004/QH11 of June 15, 2004) (Civil Procedure
Code) guarantees that all citizens are equal before law, regardless of their nationality,
sex, belief, religion, social strata and social position.
Article 8 of the Civil Procedure Code states: “All citizens are equal before law and courts
regardless of their nationalities, sexes, social status, beliefs, religions, educational levels
and occupations. All agencies and organizations are equal regardless of their forms of organization,
ownership and other matters.”
Article 5 of the Labour Code (No.23 of June 1994) as amended on April 2, 2002 and November
29, 2006 (Labour Code) provides: “Every person shall have the right to work, to
choose freely the type of work or trade, to learn a trade, and to improve his professional
skill without being discriminated against on the basis of his gender, race, social class, beliefs,
or religion.”
Article 10 of the Law on Education (No. 38/2005/QH11 of June 14, 2005) (Law on Education)
states: “All citizens, regardless of their ethnicity, religion, belief, gender, family background,
social status or economic conditions, are equal in learning opportunities.”
Article 4 of the Law on the Protection, Care and Education of Children (No. 25/2004/QH11
of June 15, 2004) (Law on Children) provides: “Children, whether female or male, born
in or out of wedlock, biological or adopted, born to one or both parties of a marriage, and
irrespective of their nationality, beliefs, religion, social background and position of their parents
or guardians, shall be protected, cared for and educated, and shall enjoy their rights
as prescribed by law.”
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Although not technically legal documents but of high persuasive authority, pronouncements
by the Communist Party of Viet Nam have provided impetus for the guarantees of
equality and non-discrimination; for example, the Resolution 11-NQ/TW of the Political Bureau
of the Communist Party of Viet Nam dated April 27, 2007 on the Work for Women in the Period
of Accelerating Industrialization and Modernization (Resolution on Work for Women) emphasizes
that the Communist Party of Viet Nam has always paid attention to directing the work for
women and implementing the goal of gender equality, which is reflected in resolutions of the
Communist Party of Viet Nam congresses, Central Committee’s meetings, Political Bureau
and Secretariat. The Resolution on Work for Women enumerates key tasks aimed at addressing
gender equality, including raising awareness, implementing the Law on Gender Equality,
and improving the legal system to ensure women’s human rights. This gives a strong push for
ensuring the guarantees of gender equality and non-discrimination.
Review of key legal documents and compliance with CEDAW