English - CEDAW Southeast Asia

A Gendered and Rights-Based Review of Vietnamese Legal Documents through the Lens of CEDAW
There are several provisions in the Constitution and laws that can be applied to ensure
that prohibition of discrimination applies to both public and private actors.
First, Article 12 of the Constitution states: “All State organs, economic and social bodies,
units of the people’s armed forces, and all citizens must seriously observe the Constitution
and the laws, strive to prevent and oppose all criminal behavior and all violations of the
Constitution and the law. All infringements of State interests, of the rights and legitimate interests
of collectives and individual citizens shall be dealt with in accordance with the law.”
Further, Article 22 of the Constitution states: “Production and trading enterprises belonging to
all components of the economy must fulfill all their obligations to the State…” When read with
Article 63 of the Constitution, which guarantees gender equality and bans acts of discrimination
against women, a whole range of public and private actors are prohibited from discriminating.
Second, the Penal Code also contains a prohibition that applies to both public and private
individuals under Article 130. It states that those who use violence or commit serious acts
to prevent women from participating in political, economic, scientific, cultural and social activities
will be subject to warning, non-custodial reform for up to one year, or a prison term of
between three months and one year. That the Penal Code only covers individuals is understandable
as legal entities/persons are not subject to criminal liability; rather, it is the persons
behind them that are held accountable.
Third, Article 10 of the Law on Gender Equality prohibits discrimination and acts impeding
gender equality. Further, Articles 40 and 41 of the Law on Gender Equality specifically
states violations of the law in terms of specific areas, which have a broad range of target
groups including: “State institutions, political organizations, socio-political organizations, sociopolitical
and professional organizations, social organizations, social and professional organizations,
economic organizations, non-productive units, units of people’s armed forces, families
and Vietnamese citizens (hereinafter referred to as agencies, organizations, families and individuals)...”
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By using the term ‘target groups’, ambiguity is created as to whether these are the beneficiaries
or duty-bearers in relation to the law. However, by invoking that complaints and
denunciations for violations of the Law on Gender Equality are carried out in accordance with
the Law on Complaints and Denunciations (No. 09/1998/QH10 of December 2, 1998) as
amended in 2004 and 2005 (Law on Complaints and Denunciations), there is a clearer notion
as to who are prohibited, and hence, against whom complaints and denunciations can be filed.
The Law on Complaints and Denunciations provides:
Article 1:
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(1) Citizens, agencies and organizations are entitled to complain about administrative decisions
and/or administrative acts of State administrative bodies and/or competent persons
therein when having grounds to believe that such decisions and/or acts have contravened
laws and infringed upon their legitimate rights and interests. Officials and pub-
151
Ibid., Article 2(1)
General undertakings to eliminate discrimination and ensure equality (Articles 1-3 of CEDAW)