English - CEDAW Southeast Asia

A Gendered and Rights-Based Review of Vietnamese Legal Documents through the Lens of CEDAW
Recommendation: It is recommended that this provision be amended by deleting
the phrase ‘suitable to their biological and physiological characteristics as well as their
role as a mother’. Additionally, the specific proportion of men and women participating
in employment-related trainings must be provided. A 30-50 percent proportion must be
targeted. Where it is not immediately possible, work plans must be drafted and
submitted to show how this target can be reached progressively.
Article 14(4) of the Law on Gender Equality provides that female officials and public
servants who bring along their children aged less than 36 months when participating in the
training and fostering activities must be given assistance and support by the Government.
Recommendation: In light of the shared responsibilities for child-rearing being
encouraged, Article 14(4) of the Law on Gender Equality must be applicable to both
male and female officials and public servants. It is also suggested that training
institutions must include among its training facilities and planning crèches for children
aged 36 months or below.
Leave
When taking leave of absence for the following reasons, a female employee will be entitled to
social insurance benefits or to be paid by the employer amount equal to the social insurance
benefits to: (a) attend pregnancy examinations; (b) carry out family planning programmes;(c)
have medical treatment for miscarriage; (d) attend to a sick child under seven years of age;
and (e) adopt a newborn baby. 493
In Article 22 of the Law on Social Insurance, taking care of a sick child under seven
years of age is covered by the compulsory sickness regime. Article 24 of the Law on Social
Insurance states that the period for leave is 20 days if the child is aged below three years, and
15 days if the child is aged between three and under seven years. However, Article 24 makes
no distinction as to the sex of the employee. It further states that where both parents are
covered by social insurance, if their child is still sick after either of them has used the whole
period, the other parent is entitled to the regime. Thus, the wording of Article 24 implies that
one parent has to use the period before the other parent is entitled to. It is suggested that each
individual employee must be allowed to take leave to take care of sick children based on
allowable number of days for each parent, rather than allowing one parent having to use the
whole period, before the other parent is entitled to.
Recommendation: In relation to Article 24 of the Law on Social Insurance, parents
who are both covered by social insurance must be allowed to take leave to take care of
their sick children based on allowable number of days for each parent. It can be taken
simultaneously. The requirement that one parent has to use the leave before the other
parent is entitled to the sickness regime must be removed.
229
Consultation
Article 118 of the Labour Code provides: “In enterprises where a high number of female
employees are employed, a member of management of the enterprise must be assigned the
duty of monitoring all issues relating to female employees. Where a decision is made which
493
Labour Code, Article 117
Employment (Article 11 of CEDAW)