English - CEDAW Southeast Asia

A Gendered and Rights-Based Review of Vietnamese Legal Documents through the Lens of CEDAW
Bigamy
Article 147 of the Penal Code prohibits married persons who marries or lives with another person
like husband or wife or any unmarried person who marries or lives with another person
known to be a married person, thus causing serious consequences, or who have been administratively
sanctioned for such acts but repeat the violation, will be subject to warning, non-custodial
reform for up to one year, or a prison term of between three months and one year.
‘Serious consequences’ include break up the family of one or both parties thus leading to
divorce, then suicide by the husband, wife or child.
Polygamy
Under Decree No. 32/2002/ND-CP of March 27, 2002 Prescribing the Application of the Law
on Marriage and Family to Ethnic Minority People (Decree on Marriage and Family Law
(Ethnic Minorities)), polygamy is prohibited. 236
Incest
Article 150 of the Penal Code states: “Those who have sexual intercourse with other persons
of direct blood lines, with sisters or brothers born of common parents, with half-brothers or halfsisters
shall be sentenced to between six months and five years of imprisonment.”
Refusing or evading the obligation to provide financial support
Article 152 of the Penal Code states that those who have the obligation to provide financial
support and have the actual capability to provide the financial support for the persons they are
obliged to do so according to the provisions of law, but who deliberately refuse or evade the
obligation to provide financial support, thus causing serious consequences, or who have
already been administratively sanctioned for such acts but repeat their violations, will be subject
to warning, non-custodial reform for up to two years, or a prison term of between three
months and two years.
Use of a picture without consent
Article 31 of the Civil Code states that the use of a picture of an individual must have his/her
consent. It is strictly forbidden to use pictures of other persons to infringe upon their honour,
dignity and/or prestige.
Acts of marriage and divorce
Article 4(2) of the Marriage and Family Law provides that underage marriage, forcing marriage,
hindering voluntary and progressive marriage, feigned marriage, deceiving other persons
into marriage or divorce, forcing divorce, feigned divorce, and property demand for wedding
are all forbidden. It also states that a married person is forbidden to marry or live with
another person as husband or wife and an unmarried person is forbidden to marry or live with
a married person as husband or wife. Ill-treatment and persecution of grandparents, parents,
spouses, children, grandchildren, siblings or other family members is forbidden. 237
115
236
Decree on Marriage and Family Law (Ethnic Minorities), Article 2(2) and Appendix B(II)(1)
237
Marriage and Family Law, Article 4(2)
General undertakings to eliminate discrimination and ensure equality (Articles 1-3 of CEDAW)