English - CEDAW Southeast Asia

A Gendered and Rights-Based Review of Vietnamese Legal Documents through the Lens of CEDAW
(2) In their operation, state agencies, political organizations, socio-political organizations
have the responsibility:
(a) To identify the real situation of gender equality; to develop and ensure the implementation
of gender equality targets within their agencies, organizations and to annually
report;
(b) To ensure the participation of male and female officials, civil servant and public employees
in law development and implementation, in programs, plans and projects
on development of economy, culture and society, unless otherwise provided by law.
(c) To educate about gender and law on gender equality for officials, civil servants and
public employees under their management;
(d) To establish measures to encourage officials, civil servant and public employees
to exercise gender equality within agencies, organizations and families;
(e) To facilitate the development of social welfare establishments, housework relief services.
The Directive on Gender Equality Law provides some initial instructions to particular
ministries and agencies.
Recommendations: A list of all ministries, agencies and State organizations and
each of their specific responsibilities relating to gender equality must be contained in
a decree. This will assist implementation of the provisions of Articles 27 and 31 of the
Law on Gender Equality as it will have specific tasks named making accountability of
ministries and agencies clear in cases of non-performance.
Indicator 16
Are there legal documents that require systematic collection and
analysis of sex-disaggregated data, monitoring impact of interventions
as well as trends or progress in relation to gender equality
One of the contents of State management listed in Article 8 of the Law on Gender
Equality is to carry out statistical work, provision of information and report on gender equality.
There are also provisions in the Law on Gender Equality that require the monitoring of impact,
trends, progress and results for the interventions to be effective, such as Article 31(2) (a) relating
to reporting. However, there is no specific mention on how to determine the real situation
of women (for example, procedures or mechanisms) nor is there any provision on the content
of the reports.
The Statistics Law (No. 04/2003/QH11 of June 17, 2003) (Statistics Law) and Decree
No. 40/ 2004/ND-CP of February 13, 2004 Detailing and Guiding the Implementation of a
Number of Articles of the Statistics Law (Decree on Statistics Law) provide for statistical activities,
use of statistical information, system of indices, classification lists, statistical reporting,
and statistical surveys. However, neither legal doycument contains provisions on sex-disaggregated
data or on gender analysis.
105
There is available information that is disaggregated by sex. 207 However, it is limited - and,
207
See, for example, GSO, NCFAW, UNDP and RNE, ‘Viet Nam Gender Statistics in the Early Years of 21st Century’,
Women’s Publishing House, Ha Noi, 2005 (GSO Statistics)
General undertakings to eliminate discrimination and ensure equality (Articles 1-3 of CEDAW)