English - CEDAW Southeast Asia

A Gendered and Rights-Based Review of Vietnamese Legal Documents through the Lens of CEDAW
to file complaints and denunciations, in practice there is limited use of them owing to lack of
legal awareness and access to key institutions. 163
Recommendation: It is recommended that legal education and awareness and
educational campaigns be increased, especially targeting low-income groups and
those living in rural and remote and mountainous regions, on their right against nondiscrimination,
their right to seek in cases of violation, and on the appropriate institutions
to access for redress of their grievances.
Indicator 10
Are current criminal, civil and administrative procedures able to
handle appropriately cases of gender discrimination Are there
legal documents that provide specific guidance in the handling of
cases of discrimination
There are no separate procedures for handling cases involving women. However, general
procedures for criminal, civil and administrative procedures are in place.
In September 2006, when asked about administrative prosecutions and gender-based
discrimination cases brought to courts, Viet Nam replied that there is a low number of administrative
prosecutions on grounds of gender discrimination because the Ordinance on
Administrative Violations does not specifically stipulate whether these cases are under the
administrative court’s jurisdiction. 164 The reply also stated that there are no comprehensive statistics
on this.
However, with the enactment of the Law on Gender Equality in November 2006, there
is now sufficient guidance and authority to address confusion as to whether discrimination
cases are subject to general procedures. Article 42 states:
Article 42
(1) Those who commit any violation of the law on gender equality, depending on the nature
and level of the violation, shall be subject to disciplinary measures, administration
sanctions or criminal prosecutions.
(2) Agencies, organizations, individuals whose violations of the law on gender equality have
caused damage shall have to compensate for the damages in compliance with the law.
The following are the key legal documents relating to the general handling of cases: (a)
Civil Procedure Code; (b) Criminal Procedure Code; (c) Law on Complaints and
Denunciations; (d) Ordinance on Administrative Violations; and (e) Penal Code. In these legal
documents, there are provisions on procedure that are specific to women or have a substantial
impact on women, including those victims of discrimination, particularly GBV. Further,
under Articles 37-39 and 42 of the Law on Gender Equality, cases of violations of the Law on
Gender Equality are subject to these legal documents.
85
Criminal procedure
Under criminal procedure, these provisions are:
163
Ibid.
164
Response to the List of Issues and Questions for Consideration of the Combined Fifth and Sixth Report to the CEDAW
Committee 37th session. CEDAW/C/VNM/Q/6/Add.1. September 2006 (Report Response), Reply to Question 2
General undertakings to eliminate discrimination and ensure equality (Articles 1-3 of CEDAW)