English - CEDAW Southeast Asia

A Gendered and Rights-Based Review of Vietnamese Legal Documents through the Lens of CEDAW
Indicator 65(c)
Is there compulsory primary and secondary education for
girls and boys Are both girls and boys able to access
equally such compulsory education
The Law on Universalization of Primary Education (1991) (Law on Primary Education)
implemented a policy of compulsory primary education from the first to fifth form for all
Vietnamese children between the ages of 6 and 14 years. 412 In 2005, the Law on Education
expanded the coverage and provided that primary education and lower secondary education
be considered universal education levels. 413 On this basis, the State will decide on plans and
assure conditions for the universalization of education in the country. Also, the Law on
Children specifically provides that it is the responsibility of families and the State to ensure that
children study and complete the universal education program, and to create conditions that
allow children to continue their studies at higher level. 414 Further, it also provides that children
be entitled to study at public education establishments free-of-charge. 415
The Decree on Children forbids obstructing children studying in Article 10, which might
include: (a) using force or threat of force, materials or powers to compel children to give up
their studies; (b) seducing, enticing children to give up their studies; and (c) forcing children to
give up their studies to cause pressure, initiate lawsuits or join demonstrations.
These laws are gender-neutral. However, targets recently set on primary and secondary
education look into eliminating the existing gender gap and ensuring equal access to primary
and secondary education by both girls and boys; for example, the VDGs include the
elimination of the gender gap in primary and secondary education by 2005 and the gap among
ethnic minorities in primary and secondary education by 2010. The indicator is the net
enrolment rate at primary, secondary and tertiary education levels by gender. The SEDP
identifies one of the Poverty Reduction and Social Development Targets of Viet Nam by 2010
as the eradication of the gender imbalance at primary and secondary education levels in areas
with large ethnic minorities. The Plan of Action for Advancement of Women also has targets
on this matter; that is, to strive for 100 percent of girls aged 11-14 years to finish primary
education and enter the sixth grade, and to increase the proportion of girls at junior and senor
secondary schools to over 90 percent and 50 percent respectively.
Reflective of the emphasis placed by the State on education, Viet Nam has virtually
achieved universal primary education and is on track to achieve universal lower secondary
education. 416 A few areas of concerns are emerging though.
The gross enrolment rate of boys and girls at primary education is high and tends to be
on the increase. Completion rates in 2002-2003 for primary school were 82.7 percent for girls
and 78.9 percent for boys. 417 However, girls had lower gross enrolment rates than boys in
2003-2004 for lower secondary education at 86.5 percent for girls and 90.2 percent for boys.
199
412
Law on Primary Education, Articles 8 and 10
413
Law on Education, Article 11(1)
414
Law on Children, Article 28(1)
415
Ibid., Article 16
416
Wells, op. cit., p. 29
417
GSO Statistics, p. 58
Education (Article 10 of CEDAW)