English - CEDAW Southeast Asia

CEDAW and the Law:
Indicator 23
Domestic Violence
Indicator 23(a)
Indicator 23(b)
Indicator 23(c)
Indicator 23(d)
Indicator 23(e)
Indicator 23(f)
Indicator 23(g)
Is domestic violence prohibited by law
How is domestic violence defined
What sanctions and/or measures are imposed against the
perpetrators of domestic violence
What measures are mandated by law to address the needs
of victims of domestic violence What interim or permanent
measures are put in place for the protection of victims
Does the law encourage/require conciliation or mediation
for domestic violence cases Is there a duty to ascertain the
presence/ absence of domestic violence during conciliation
or mediation What procedures are in place if one party to
conciliation or mediation is a victim of domestic violence
Is legal assistance available to victims of domestic violence
Does the law mandate inter-agency cooperation to address
domestic violence Is there a clear designation of coordinated
and individual responsibilities of State agencies to address
domestic violence
The Law on Domestic Violence Prevention and Control and Decree No. 185/2007/ND-
CP (Law on Domestic Violence) identifying the MCST as the state management agency for the
domestic violence law was adopted on November 21, 2007 and, hence, was not included in this
review. The review, although based on the context prior to the passage of the law, is still useful
to check whether recommendations provided were addressed in the new legal document.
There are provisions that prohibit a range of gender-neutral acts that constitute domestic
violence in the Civil Code, Law on Children, Marriage and Family Law and Penal Code, in
particular those enumerated in Part V.1.3.6, Indicators 22(a) to 22(c). These provisions have
attached penalties or obligations based on the acts committed.
118
Despite these provisions, prosecution for domestic violence is limited. Many factors contribute
to this, including: (a) although believed to be widespread in Viet Nam, domestic violence
is often not spoken about or just accepted by both men and women; 239 (b) women, especially
those who living in remote and mountainous regions, are not fully aware of their legitimate rights
and interests; 240 (c) abuse in the family is in many cases still considered to be a private matter; 241
(d) addressing domestic violence is not part of local socio-economic development policies; (e)
in many areas, it is a topic only for Viet Nam Women’s Union with the goal being reconciliation
even where there are serious violations; 242 (f) the degree of ill-treatment is usually required to
239
Wells, op. cit., p. 49
240
Combined Fifth and Sixth Periodic Report, pp. 53-54
241
UN Press Article
242
Viet Nam NGO Report, p. 17
Review of key legal documents and compliance with CEDAW