English - CEDAW Southeast Asia

A Gendered and Rights-Based Review of Vietnamese Legal Documents through the Lens of CEDAW
earn less than men. 480 Wages for women are lower than wages for men across all sectors of
the economy. According to Viet Nam Household Living Standard Survey of 2004 (VHLSS), the
average wage for women is 85 percent of the average wage for men. 481 The largest disparities
between wages for women and men are in agriculture, forestry and fisheries, where women
earn wages that are, on average, 33 percent less than the men’s wages. 482 In industry,
commerce and services sectors, the average disparity in wages between women and men is
18 percent, 20 percent and 25 percent respectively. 483 The wage differential between men and
women is also greatest for the poorest and richest ‘living standard groups’; that is, gender
inequality in wages appears to be more pronounced at the income extremes. 484
Recommendation: It is recommended that stricter enforcement of equal pay
provisions be done. Also, more sex-disaggregated data and research is necessary to
look into wage differentials of persons performing work of equal value across sectors.
Indicator 74
Indicator 75
Indicator 76
Does legislation provide for equal conditions of work, including
job security, benefits, evaluation and promotions
Does legislation ensure special protection for women’s health
during pregnancy
Does the legislation provide reasonable nursing time during
working hours
Article 111 of the Labour Code provides that employers are strictly prohibited from
discriminatory conduct toward female employees or conduct that degrades their dignity and
honour. Article 109 of the Labour Code states: “The State shall ensure that the right to work of
women is equal in all aspects.” The Decree on Women Labourers also provides that women
have the right to equality with men in the labour relations between employers and labourers
in all organizations, all individuals and in all sectors in recruitment, employment, training, pay
raise, promotion, reward, social insurance, health insurance, labour conditions and safety,
material and spiritual welfare, and health. Article 13(1) of the Law on Gender Equality also
provides that men and women must be treated equally in workplaces regarding work, wages,
pay, bonus, social insurance, labour conditions, and other working conditions.
Working regime for women
Article 109 of the Labour Code provides:
Article 109
(1)The State … shall establish policies to encourage employers to create conditions for
women to work on a regular basis and apply widely the regime of flexible working
time, part time and casual employment and working at home.
225
(2)The State shall progressively establish policies and implement measures to expand
employment opportunities, improve working conditions, increase professional level,
480
Wells, op. cit., p. 15
481
Ibid., p. 18
482
Ibid.;
483
Ibid.
484
Ibid., p. 14
Employment (Article 11 of CEDAW)