English - CEDAW Southeast Asia

A Gendered and Rights-Based Review of Vietnamese Legal Documents through the Lens of CEDAW
degree of resistance; for example, the victim was unconscious, tied, or in a state of shock.
Further, the degree of resistance necessary must only be an overt physical act signifying
resistance to the act of rape.
As to whether corroboration is necessary to prosecute cases under Articles 111-116 of
Penal Code, no such provision is found in Vietnamese legal documents.
See Part V.13.3, Indicator 115 on discussion and recommendations on emergency contraception.
Recommendation: It must be explicitly provided in a legal document that the
degree of resistance needed to establish the crime of rape must only be an overt physical
act signifying resistance to the act of rape. No requirement of great physical resistance
is necessary.
Appropriate guidelines on assisting rape victims and handling cases of rape more
sensitively should be issued. This should include: (a) providing rape victims with psychological,
medical and health-care services; (b) assisting in securing legal assistance;
(c) ensuring privacy and safety of rape victims, including closed-door investigations,
prosecutions and trials; (d) mandatory training on gender-sensitivity and rape and sexual
assault cases for those handling these offences, including law enforcers, police officers,
health service providers, counsellors, social workers; and (e) documentation of
rape cases. Guidelines concerning the availability and use of emergency contraception
must also be provided. See Part V.13.3, Indicator 115.
Indicator 25
Incest
Indicator 25(a)
Indicator 25(b)
Indicator 25(c)
Indicator 25(d)
Is incest prohibited
How is incest defined
What forms of redress are provided to victims of incest
Are sanctions are in place for perpetrators
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 half-sisters shall be sentenced to between 6 months and 5 years of imprisonment.”
‘Incest’ means the sexual intercourse between the following categories: (a) fathers or
mother and children; (b) grandfathers or grandmothers and their grandchildren; (c) siblings of
the same parents; and (d) between half-brothers and half-sisters. 261 Where the act constitutes
rape, rape with children, forcible intercourse or forcible intercourse with children, the penal liability
will apply for those offences. 262
No specific forms of redress are provided for crimes of incest. Remedies under the present
laws, which are mentioned in Part V.1.3.3 and in Part V.1.3.6, Indicators 9 and 10, are
available for victims of incest.
125
Incest is a hidden issue in Viet Nam. Victims are reluctant to come forward. In other jurisdictions,
incest is difficult to detect and prosecute for many reasons such as: (a) feelings of
261
Joint Circular on Marriage and Family, Paragraph 6.2
262
Ibid., Paragraph 6.2
General undertakings to eliminate discrimination and ensure equality (Articles 1-3 of CEDAW)