English - CEDAW Southeast Asia

A Gendered and Rights-Based Review of Vietnamese Legal Documents through the Lens of CEDAW
resources must be also in place to ensure compliance, including sanctions for failure
to abide by the plan for no justifiable reasons. In the identification of candidates for
elections, at least 30 percent of candidates must be women. More intensive attention
and resources must be focused on capacity-building training for female cadres to
enable them to take up leadership positions.
Indicator 59
Indicator 60
Indicator 61
Do women have an equal right to participate in mass
organizations, NGOs and other civil society groups
Is there legislation regulating registration and mobilization of
NGOs to promote the advancement of women
Are these legal provisions on female participation in policymaking
and implementation at the grassroots level
Article 63 of the Constitution states that male and female citizens have equal rights in
all fields, including in the political arena; and, thus, provides a general guarantee on equal participation
in mass organizations, NGOs, and other civil society groups.
Mass organizations are an important source of political influence. They are given many
State management functions by the State, including law drafting. Generally, female membership
in the Central Committee of the Ho Chi Minh Communist Youth Union, Viet Nam
Fatherland Front and Viet Nam Peasants Association is around 20 percent. 370 There are very
few women in leadership positions. 371
The key mass organization relevant to gender equality is Viet Nam Women’s Union, with
a membership of 13 million (all women) in 2007. The Viet Nam Women’s Union is an important
organization that provides a way for women’s issues to be heard by State agencies. The
Decree No. 19/2003/ND-CP of 7 March 2003 Prescribing the Responsibility of State
Administrative Agencies of Various Levels for Ensuring the Participation in the State
Management by Viet Nam Women’s Union of Various Levels instructs all levels of government
to facilitate the Viet Nam Women’s Union’s participation in State management, such as: (a)
inviting representatives of the Viet Nam Women’s Union to join discussions or give comments
on formulation of legal documents; (b) inviting representatives of the Viet Nam Women’s Union
to advise State administrative agencies on matters related to women and children; (c) joining
inspection teams on matters related to women and children; and (d) holding working sessions
with the Viet Nam Women’s Union on the implementation of laws and policies biannually. In
reality, however, the Viet Nam Women’s Union tends only to be consulted on issues that
specifically mention women, such as quotas for women in elected organizations or on traditional
women’s interest areas such as education and health. 372 The mass organizations are not
entirely independent of the Government and they are expected to abide by and promulgate
government decisions. 373 (See Part II.1.8. for further details on mass organizations).
185
In relation to NGOs, local and international NGOs, including those working on women’s
issues, operate within considerable government constraints. The Law No. 102/SL-L of May 20,
370
Wells, op. cit., p. 58
371
Ibid.
372
Wells, op. cit., p. 58
373
Ibid.
Political and public life (Articles 7 and 8 of CEDAW)