English - CEDAW Southeast Asia

A Gendered and Rights-Based Review of Vietnamese Legal Documents through the Lens of CEDAW
A gender analysis of the CPRGS concluded that important gender issues are incorporated
in it, especially in the areas of agriculture and rural development, education and health
care. 214 The policies and measures in these areas meet, to some extent, the immediate needs
of poor women. Nonetheless, the CPRGS has not integrated gender issues in the discussions
of the reform of State-owned enterprises, culture and information, financial policies, legal support,
public administration reform, environmental protection, or resource allocation for economic
growth and poverty reduction. 215
Indicator 18
Are there agencies, whether State or independent, that supervise
State compliance with gender equality and/or CEDAW
Article 36 of the Law on Gender Equality provides:
Article 36: Monitoring the implementation of law on gender equality
(1) The National Assembly, National Assembly’s Standing Committee, Council of Ethnic
Minorities, the Committees of the National Assembly, Provincial National Assembly delegations
and National Assembly members, within their extent of duties and powers,
have the responsibility to oversee the implementation of law on gender equality.
(2) People’s Councils and its members, within their extent of duties and powers, have
the responsibility to oversee the implementation of law on gender equality at local
levels.
The Law on Gender Equality also provides that one of the responsibilities of the Viet
Nam Fatherland Front and its members is to participate in the overseeing of the implementation
of the Law on Gender Equality. 216 The Viet Nam Women’s Union, one of the member
organizations of the Viet Nam Fatherland Front, is closely involved with gender equality.
Recommendation: In connection to the monitoring function of the National
Assembly, the mechanism for this must be clearly stated in a decree implementing the
Law on Gender Equality rather than simply a reference to the National Assembly’s
duties and powers; for example, that the monitoring function is subject to National
Assembly’s supervisory powers, including making a clear reference in it to the Law on
Supervisory Activities of the National Assembly (No. 05/2003/QH11 of June 17, 2003)
(Law on National Assembly Activities). Special provisions should be stipulated on procedures
for communicating its recommendation to appropriate agencies and monitoring
compliance of the recommendations.
V.1.3.5. Incorporation and Application of Treaties
Indicator 19
What is the status of CEDAW in the domestic legal framework
109
Indicator 20
Indicator 21
Can CEDAW’s provisions be invoked directly in judicial or quasijudicial
proceedings as a source of an actionable right
In case of conflict between CEDAW and domestic legal
documents, which will prevail
214
Wells, op. cit., p. 64
215
Ibid., p. 65
216
Law on Gender Equality, Article 29
General undertakings to eliminate discrimination and ensure equality (Articles 1-3 of CEDAW)