English - CEDAW Southeast Asia

CEDAW and the Law:
individuals legally residing in Viet Nam.” The term ‘target groups’ again creates confusion as
it is unclear whether they are beneficiaries of the law, duty-bearers or possible violators, or all
of these. However, Articles 37 and 38 of the Law on Gender Equality make reference to the
Law on Complaints and Denunciations as well as the use of administrative and criminal laws.
These laws cover foreigners and foreign entities committing violations as subject to
Vietnamese laws.
The text in Article 2(2) of the Law on Gender Equality, however, does not include foreign
individuals who are not legally residing in Viet Nam or foreign organizations not operating in
the territory of Viet Nam but subject to its jurisdiction. The extent of responsibility of these must
be also specified. It is evident that they, too, should not discriminate on the basis of gender.
Recommendation: It is recommended that the term ‘target group’ in Article 2 of
the Law on Gender Equality be clarified. It is also recommended that all foreign agencies,
organizations and individuals that or who are subject to Viet Nam’s jurisdiction be
covered by the Law on Gender Equality.
In relation to sanction, as the jurisdiction to take cognizance of a particular violation
varies according to whether it is criminal, civil or administrative, it is recommended
that the Law on Gender Equality or its decree clarify who are considered possible
offenders and make a clear statement of referral to appropriate provisions of the applicable
sanctioning laws; for example, Article 5 of the Penal Code or Article 6(1) of the
Ordinance on Administrative Violations.
V.1.3.3 Legal Protection of Women
Indicator 9 Is there a right to seek redress in cases of discrimination
The Constitution provides a right to file complaints and denunciations. Article 74 states: “The
citizen has the right to lodge complaints and denunciations with the competent State authorities
against the illegal doings of State organs, economic bodies, social organizations, units of
the people’s armed forces, or of any individual…The person who has suffered loss and injury
shall be entitled to damages for any material harm suffered and his reputation rehabilitated…”
The right to seek redress in cases of discrimination is specifically provided in Articles 37
and 38 of the Law on Gender Equality:
Article 37: Complaint and handling with complaints
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(1) Agencies, organizations, individuals have the right to complain about decisions and
acts of agencies, organizations and individuals where they have reasons to believe that
these decisions or acts violate law on gender equality and their legitimate rights and
interests.
(2)The complaints on gender equality shall be handled with in accordance with the law
on complaint and denunciation.
Article 38: Denunciation and handling of denunciations against violations of the law on gender
equality
(1) Individuals have the right to denounce any violations of the law on gender equality.
(2) The denunciations and handling of denunciations against violations of the law on gender
equality is carried out in accordance to the law on complaint and denunciation.
Review of key legal documents and compliance with CEDAW