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English - CEDAW Southeast Asia

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A Gendered and Rights-Based Review of Vietnamese Legal Documents through the Lens of <strong>CEDAW</strong><br />

There are general provisions of law that provide a right to seek redress when there are<br />

violations of rights and interests. First, Article 1 of the Law on Complaints and Denunciations<br />

defines who has the right to file complaints and denunciations in cases of violations of their<br />

rights and interests.<br />

Article 1<br />

(1) Citizens, agencies and organizations are entitled to complain about administrative decisions<br />

and/or administrative acts of State administrative bodies and/or competent persons<br />

therein when having grounds to believe that such decisions and/or acts have contravened<br />

laws and infringed upon their legitimate rights and interests. Officials and public<br />

servants are entitled to complain about disciplinary decisions of competent persons<br />

when having grounds to believe that such decisions have contravened laws and infringed<br />

upon their legitimate rights and interests.<br />

(2) Citizens are entitled to denounce to competent agencies, organizations or individuals<br />

illegal acts committed by any agencies, organizations and/or individuals, which<br />

cause damage or threaten to cause damage to the interests of the State and/or the legitimate<br />

rights and interest of citizens, agencies and/or organizations.<br />

Second, the following articles in the Criminal Procedure Code provide:<br />

Article 7: Protection of life, health, honour, dignity and property of citizens.<br />

Citizens have the right to have their life, health, honour, dignity and property protected by<br />

law. All acts of infringing upon the life, health, honour, dignity and/or property shall be handled<br />

according to law.<br />

Article 101: Denunciations and information on offenses<br />

Citizens may denounce offenses to investigating bodies, procuracies, courts or other bodies,<br />

organizations…<br />

Article 325: Persons with the right to complain<br />

Agencies, organizations and individuals shall have the right to complain about procedural<br />

decisions and acts of bodies and persons with procedure-conducting competence when<br />

they have grounds to believe that such decisions or acts are contrary to law, infringe upon<br />

their legitimate rights and interests.<br />

Article 334: Persons with the right to denounce<br />

Citizens shall have the right to denounce to competent bodies or individuals law violation<br />

acts of any persons with procedure-conducting competence, which cause damage or threaten<br />

to cause damage to the interests of the State, the legitimate rights and interests of citizens,<br />

agencies or organizations.<br />

83<br />

Third, Article 24 of the Civil Procedure Code states:<br />

Article 24: Assurance of the right to complaints and denunciations in civil procedures<br />

Individuals, agencies and organizations shall have the right to complain about, individuals<br />

shall have the right to denounce, illegal acts of persons conducting the civil procedures<br />

or of any individuals, agencies or organizations in civil proceedings.<br />

General undertakings to eliminate discrimination and ensure equality (Articles 1-3 of <strong>CEDAW</strong>)

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