English - CEDAW Southeast Asia

A Gendered and Rights-Based Review of Vietnamese Legal Documents through the Lens of CEDAW
be quite high before a case is taken seriously; 243 (g) in some cases, police believe that serious
domestic violence should be mitigated and smaller incidents be ignored to preserve the village’s
reputation; 244 and (h) more importantly, the lack of a definition and identification of domestic violence
as a particular offence and guidance on the handling of these cases, have seriously
affected its recognition and the resulting attention, including prosecution.
The unavailability of comprehensive data is often pointed out as the reason behind the
lack of legislation. While there is no comprehensive national data, there is increasing research
and information on the issue leading to growing acknowledgment of the problem. Evidence
from several non-representative studies and consultations provides a glimpse of the phenomenon
that requires further attention, research and intervention. 245 Some consistently note
domestic violence as a problem. 246 One study conducted in Thai Binh, Lang Son and Tien
Giang provinces by Viet Nam Women’s Union showed that 40 percent of women said they had
been hit by their husbands. 247 Domestic violence was cited as a justification in 66 percent of all
divorces 248
A recent nationwide survey found lower rates of beating, about 6 percent, but rates for
verbal abuse is at 21 percent in a 12-month period. 249 A Population Council report found that
domestic violence occurred in families from all education and socio-economic levels. 250 A largescale
survey in the country found two important and interrelated factors associated with
domestic violence are economic hardship and alcohol consumption. 251 It was pointed out,
though, that domestic violence in Viet Nam also exists because of socially and culturally prescribed
roles for men and women. 252 Domestic violence also sometimes occurs when cultural
stereotypes are challenged. 253 A Ministry of Public Security (MPS) report states that one victim
of domestic violence dies every two to three days and, in 2005, 14 percent of murders were
related to domestic violence. 254 A report by the Health Department for the Mekong Delta noted
that in 2005, 1,011 of 1,319 patients were suicides from domestic violence. 255
The Combined Fifth and Sixth Periodic Report cited that in a research 80 percent of
women suffered some types of domestic violence, and more than 15 percent have been beaten
by their husbands. 256 A Viet Nam Women’s Union report pointed out that domestic violence
243
Wells, op. cit., p. 49
244
Viet Nam NGO Report, p. 17
245
World Bank Assessment, p. 54
246
Wells, op. cit., p. 48. Examples are the Socialist Republic of Viet Nam, ‘Viet Nam Achieving the Millennium Development
Goals’, Ha Noi, 2005 and Ministry of Health and General Statistics Office, ‘Survey Assessment of Vietnamese Youth
2003’, Ha Noi: Ministry of Health, General Statistics Office and UNIFEM, 2005
247
World Bank Assessment, p. 54
248
Ibid.
119
249
Ibid. citing Viet Nam Academy of Social Sciences, ‘Household Survey on Men and Women in Viet Nam’, Ha Noi, Viet
Nam Academy of Social Sciences, Forthcoming (VASS Survey)
250
Kabeer, Naila, Tran Thi Van Anh and Vu Manh Loi, ‘Preparing for the Future: Forward-looking Strategies to Promote
Gender Equity in Viet Nam,’ A UN/World Bank Thematic Discussion Paper,, World Bank Group and United Nations –
Viet Nam, Ha Noi, December 2005 (Kabeer, et al.), p. 28
251
Ibid.
252
Wells, op. cit., p. 48
253
Ibid.
254
Viet Nam NGO Report, p. 13
255
Ibid.
256
Combined Fifth and Sixth Periodic Report, p. 53
General undertakings to eliminate discrimination and ensure equality (Articles 1-3 of CEDAW)