English - CEDAW Southeast Asia

CEDAW and the Law:
1957 on Enacting the Law on the Rights to Set up Association voted for by the National
Assembly at the 6th Session (Law on Associations) requires permits to set up associations. 374
The Decree on Associations states that associations are “voluntary organizations of citizens,
organizations of Vietnamese of the same professions, the same hobbies, the same genders
for the common purposes of gathering and uniting members, regular activities, non-self seeking,
aiming to protect members’ legitimate rights and interests, to support one another for efficient
activities, contribute to the country’s socio-economic development, which are organized
and operate according to this Decree and other relevant legal documents.” 375 Chapter III of the
Decree on Associations describes the conditions for the establishment of associations.
Registration as an independent NGO remains a difficult process. 376 Some local NGOs,
regardless of registration difficulties, have developed as official ‘clubs’ whereby they cannot
receive funds, or as a ‘group’ under an existing ‘umbrella’ NGO so they can function within the
law but funds are transmitted via the umbrella NGO. There are efforts to move for the redrafting
of the Law on Associations to provide more guidelines as to the registration, work and
autonomy of NGOs.
Recommendation: It is suggested that a more supportive environment, including
less restrictive laws, be provided for the operation of NGOs, which include Women’s
NGOs as well. Prohibition on non-discrimination on account of gender must be clearly
stipulated in law for application in the operation of NGOs, unless the association is
clearly set up to cater to a particular gender’s interests and needs.
As to direct participation of women in policymaking and implementation at the grassroots
level, Article 11 of the Constitution provides: “The citizen exercises his right to mastery
at the grassroots by participating in State and social affairs; he is duty bound to help protect
public property, legitimate civil rights and interests, maintain national security and social order,
and organize public life.” Further, Article 69 of the Constitution states: “The citizen shall enjoy
freedom of opinion and speech, freedom of the press, the right to be informed, and the right
to assemble, forms associations and hold demonstrations in accordance with the provisions
of the law.”
186
The mandate for citizen’s participation in local decision-making draws its inspiration from
a quote of Ho Chi Minh: “The people know, the people discuss, the people do and the people
monitor.” 377 This is elaborated in the Ordinance on Exercise of Democracy in Communes,
Wards and Townships (No. 34/2007/PL-UBTVQH11 of April 20, 2007) (Ordinance on
Democracy), 378 which provides for the contents to be publicized, discussed, decided, commented
on and supervised by the people as follows:
Article 5: Contents to be publicized
374
Law on Associations, Article 4
375
Decree on Associations, Article 2.1
376
Kelly, op. cit., p. 82
377
Wells, op. cit., p. 55
378
Previous legal documents on this matter include: Decree No. 79/2003/ND-CP of July 7, 2003 Promulgating the
Regulation on the Exercise of Democracy in Communes; Decree No. 29/1998/ND-CP of May 11, 1998 Promulgating the
Regulation on the Exercise of Democracy in Communes; and Directive No. 22/1998/CT-TTG of May 15, 1998 on the
Implementation of the Exercise of Democracy in Communes
Review of key legal documents and compliance with CEDAW