English - CEDAW Southeast Asia

A Gendered and Rights-Based Review of Vietnamese Legal Documents through the Lens of CEDAW
that abuse of position and power will be considered as an aggravating circumstance. A
specific reference to the operation of Articles 604-612 of the Civil Code on damages
must be made.
It is also recommended that the decree explicitly provides who are subject to be
administratively, civilly or criminally handled for violations to ensure clarity of application,
bearing in mind that Article 2 of CEDAW requires States Parties to prohibit discrimination
by both public and private actors (whether a person, enterprise or organization).
Indicator 8
Is there legislation in place that prohibits gender discrimination by
foreigners and foreign-owned and/or controlled entities
Provisions referring to the obligation of foreigners to abide by Vietnamese laws, including
those prohibiting discrimination, exist. First and foremost, Article 81 of the Constitution
states: “Foreigners residing in Vietnam must obey the Constitution and laws of Viet Nam; they
shall receive protection with regard to their lives, possession and legitimate interest in accordance
with provisions of Vietnamese laws.”
Article 5 of the Penal Code provides that the Penal Code applies to all acts of criminal
offences committed in the territory of the country. It also provides that, in a case of a foreigner
who commits an offence within Viet Nam’s territory but who is entitled to diplomatic immunities
or consular privileges or immunities under Vietnamese laws, treaties or international
practices, criminal liabilities will be settled through diplomatic channels. Article 6 of the Penal
Code also states that, since Vietnamese citizens who commit offences outside the territory of
the country may be examined for penal liability in Viet Nam, likewise foreigners who commit
offences outside Viet Nam’s territory may be examined for penal liability in Viet Nam, if there
are such provisions in international treaties to which Viet Nam is a State Party.
Article 6(1)(c) of the Ordinance on Administrative Violations provides: “Foreign individuals
and organizations that commit administrative violations within the territory, the exclusive
economic zone and/or continental shelf of the Socialist Republic of Viet Nam shall be administratively
sanctioned according to the provisions of Vietnamese laws, except otherwise provided
for by international treaties which the Socialist republic of Viet Nam has signed or acceded
to.”
Other laws also point out that foreigners have the obligation to comply with Vietnamese
laws, unless there is a treaty to the contrary. For example, Article 759 of the Civil Code states
that the provisions of civil law of Viet Nam apply to relations involving ‘foreign elements’,
unless otherwise provided by the Civil Code or a treaty signed or acceded to by Viet Nam. The
Marriage and Family Law also provides that provisions of its law apply to relations involving
‘foreign elements’; and, in particular, it provides that, in marriage and family relations with
Vietnamese citizens, foreigners enjoy the same rights and obligations as Vietnamese citizens,
unless otherwise provided by law. 155
81
As to the Law on Gender Equality, Article 2 states as a target group: “Foreign agencies
and organizations, international organizations operating in the territory of Viet Nam, foreign
155
Marriage and Family Law, Articles 7 and 100
General undertakings to eliminate discrimination and ensure equality (Articles 1-3 of CEDAW)