English - CEDAW Southeast Asia

A Gendered and Rights-Based Review of Vietnamese Legal Documents through the Lens of CEDAW
ed to fundamental rights and obligations of citizens. 191 Decree No. 70/2001/Nd-CP Of October
3, 2001 Detailing The Implementation Of The Marriage And Family Law (Decree on Marriage
and Family Law) also provides for free counselling on marriage and family by agencies and
organizations to their members and by State-run legal assistance centres. 192
Recommendation: In relation to the beneficiaries of legal aid in Article 10 of the
Law on Legal Aid, it is suggested that, in assessing the application for legal aid, persons,
especially women, who have no means of substantial income (even if the average
family income is above the poverty line), be considered poor and eligible for legal aid
in relation to cases where no family support can be expected or family support is difficult
to attain, such as in cases of domestic violence or marital disputes.
It is also suggested that the Law on Legal Aid, its decree or other legal documents
identify discrimination cases explicitly as a priority area for legal aid work. In this regard,
cases involving gender-based discrimination and GBV, especially domestic violence and
trafficking in women and children, will, therefore, be considered among its priority
cases. Consequently, in case of conflict of interest that may arise where persons applying
for legal aid are opposing parties, priority should be given to the person alleging gender-based
discrimination and/or GBV.
Further, it is recommended that appropriate guidelines for interviewing applicants/clients,
legal aid counselling, participation in legal proceedings and representation
beyond legal proceedings be drafted, with gender-sensitive provisions incorporated
in them, including: (a) provision of same-sex interviewers or legal aid providers
when requested and available, especially in the case of GBV; (b) when listening, the person
performing legal aid must look for possible signs of confusion, shock, trauma,
other emotional or psychological manifestations, or violence; (c) where GBV and trauma
are evident in the client-victim, alternatives to face-to-face negotiation or conferences
with the accused must be considered.; and (d) the person performing legal aid
must address life-threatening aspects of GBV and immediately consider options with
the client’s participation on how to minimize risks.
The Law on Legal Aid provides general procedures for the provision of legal aid services.
For example, it provides for legal aid counselling, participation in legal proceedings, representation
beyond legal proceedings, and other legal aid services. The Law on Legal Aid does
not, however, have specific provisions for provisional acceptance of cases for immediate
assistance, especially in situations where there is imminent danger to the life or health of the
applicant, pending verification of documents for eligibility. On this note, women victims of GBV,
including those suffering from domestic violence, would benefit if there were procedures for a
provisional acceptance of the case.
97
Recommendation: It is recommended that persons performing legal aid must
accept cases provisionally, pending verification of the documents for eligibility, if they
involve GBV where there is an immediate need for legal intervention or where there is
danger of imminent violence to the applicant.
191
Decree on Legal Aid, Article 34
192
Decree on Marriage and Family Law, Article 2
General undertakings to eliminate discrimination and ensure equality (Articles 1-3 of CEDAW)