English - CEDAW Southeast Asia

A Gendered and Rights-Based Review of Vietnamese Legal Documents through the Lens of CEDAW
Recommendation: Provisional emergency measures are beneficial to women.
However, it is suggested that ‘emergency protection measures’ be expressly included
in the list of provisional emergency measures. These measures include: (a) prohibiting
any forms of harassment of or contact with a party and/or family members; (b) removal
or exclusion of one party from a particular vicinity, including the other party’s residence,
or place of work or education; and (c) prohibiting one party from threatening or
committing to use physical, emotional, psychological or sexual violence. It is also recommended
that, where request is for emergency protection measures and there is
extreme urgency so that delay in issuing the order will work to the extreme prejudice or
harm of the requesting party, decisions be issued on the same day after ex parte determination,
subject to the filing of a motion for its revocation by the other party.
Application of security measures
Article 120 of the Civil Procedure Code also provides that persons who request the courts to
apply the provisional emergency measures in Articles 102(6), (7), (8), (10) and (11) of the code
must deposit a sum of money, other valuable property or papers equivalent to the property
obligation to be performed by the obligor. This provision presently may have a disproportionate
impact on women, as women are less likely than men to have ownership, control or management
of properties, including having their names singularly or jointly in LUCs. See Part
V.12.3, Indicator 105.
Recommendation: In relation to Article 120 of the Civil Procedure Code, it is suggested
that research be conducted on possible enabling conditions to be put in place
to allow women to request for the application of the security measures in Articles
102(6), (7), (8), (10) and (11) of the Civil Procedure Code. See Part V.12.3, Indicator 105.
Law on Complaints and Denunciations
The Law on Complaints and Denunciations provides procedures for settlement of complaints
and denunciations.
In relation to complaints, Article 30 of the Law on Complaints and Denunciations states
that the complainants must first complain with persons/bodies who have issued the administrative
decisions. Hence, complaint settlement agencies have competence to settle complaints
about administrative decisions and acts of their own officials and employees at the first
instance. The law provides that first-time complaint settlers must meet and talk directly with the
complainants and the complained 178 to clarify the contents of the claims and propose solutions
to settling the complaint. 179 This may also be done by second-time complaint settlers. 180
Complaint settlement decisions will contain the right to lodge the complaint or initiate an
administrative lawsuit before the courts. 181
93
In relation to denunciations, Article 60 of the law states that “denunciations of law-breaking
acts which are related to the state management of any agencies shall be settled by such
178
That is, the person who is the subject of the complaint
179
Law on Complaints and Denunciations, Article 37
180
Ibid., Article 45
181
Ibid., Articles 38(8) and 45(2)(i)
General undertakings to eliminate discrimination and ensure equality (Articles 1-3 of CEDAW)