English - CEDAW Southeast Asia

A Gendered and Rights-Based Review of Vietnamese Legal Documents through the Lens of CEDAW
Postponement, temporary suspension or exemption of imprisonment penalty
Articles 61 and 62 of the Penal Code provide that women who are pregnant or nursing their
children aged under 36 months be entitled to a postponement or temporary suspension of their
imprisonment penalty until their children reach the age of 36 months. Article 57 of the Penal
Code also states that, in relation to the women who are entitled to the postponement or temporary
suspension, if, during the postponement or suspension they have recorded ‘great
achievements’, the court may decide to exempt them from serving their penalties (or the
remainder of their penalties). This leniency is only applicable, however, when women are sentenced
to imprisonment for less serious crimes. 174 These provisions are reaffirmed by Articles
261, 262 and 268 of the Criminal Procedure Code.
These provisions provide special consideration to women on account of their pregnancy
and child nursing. It is also suggested that they also recognize the extra burden that women
carry in terms of child-rearing, and they extend the coverage to those rearing children aged
under 36 months. Although nursing can be done by women exclusively, child-rearing can be
performed by both sexes. Appropriate checks, though, should be placed to monitor that childrearing
is being performed by the person convicted and sentenced.
Recommendation: The provisions of Articles 57(30, 61 and 62 of the Penal Code
should be extended to persons rearing children aged up to 36 months. Appropriate
monitoring procedures should be put in place to ensure that child-rearing is performed
by the person who has been convicted and sentenced, but given a postponement or
suspension.
Civil procedure
In relation to civil procedure, the procedures specific to women or that affect women disproportionately
are:
Privacy and confidentiality
In Article 15 of the Civil Procedure Code, trials of public cases are carried out publicly, except
in special cases where it is necessary to preserve the ‘fine customs and practices’ of Viet Nam
or to keep State, professional, business or personal secrets.
Recommendation: In addition to Article 15 of the Civil Procedure Code, a clear
provision on confidentiality and privacy must be drafted for cases where the publication
of a party’s identity will lead to danger to life or health and/or to stigmatization or
trauma. The provision must require procedure-handling bodies to keep confidential, not
only names, addresses and autographs, but also all information concerning the identity
of the party concerned. In all cases, it should be mandatory for procedure-handling
persons to inform denouncers and victims of their right to request for confidentiality
and explain consequences relating to it.
91
174
Ibid., Articles 57(3) and 57(4)
General undertakings to eliminate discrimination and ensure equality (Articles 1-3 of CEDAW)