English - CEDAW Southeast Asia

A Gendered and Rights-Based Review of Vietnamese Legal Documents through the Lens of CEDAW
In the Responses to the List of Issues and Questions for Consideration of the Combined
Fifth and Sixth Periodic Report of Viet Nam (Responses to Combined Fifth and Sixth Periodic
Report), it was stated that in reality there are sexual harassment cases in the workplace. 525
However, victims generally endure or suffer in secrecy or approach the local Trade Union or
Women’s Affairs Committee for protection. A lawsuit is considered a last resort. However,
without a comprehensive law that defines ‘sexual harassment’, penalizes the act, provides
appropriate remedies to victims and puts in place preventive mechanisms, it is obvious that
the measures currently used to address sexual harassment are not enough.
GR 19 urges State Parties to provide protection against sexual harassment in the
employment setting. A suggested definition is also provided in Paragraph 18 of GR 19. In
addition to defining and prohibiting ‘sexual harassment’ in the employment setting, a system
of ensuring prevention of such form of discrimination must be in place. Employers must be
obligated to draft internal rules on sexual harassment and to disseminate such rules widely to
employees. Employers must also be mandated to form committees to receive complaints on
sexual harassment if any, and to provide appropriate remedies to the grievances of the victimemployee.
Recommendation: It is recommended that sexual harassment legislation be
promulgated. Sexual harassment in the employment setting must be one of the
prohibited acts. The suggested legislation must have a definition of ‘sexual
harassment’ in the employment setting in line with the one provided in Paragraph 18 of
GR 19. It is also recommended that such legislation require employers to draft internal
rules on sexual harassment and to disseminate such rules widely. Employers must also
be mandated to form committees to receive complaints on sexual harassment if any,
and to provide appropriate remedies to the grievances of the victim-employee. The law
should also penalize failure to do such obligations, including making the employer
liable for damages when sexual harassment occurs in the employer’s establishment.
Indicator 83
Are there regulations governing work conditions of domestic or
household workers
One of the key areas of informal labour is domestic work. Article 2 of the Labour Code states
that the code also applies to domestic servants. More elaborately, Article 139 of the Labour
Code provides:
Article 139
1. A person who has been employed for household chores may enter into an oral or
written labour contract; where the duty is to safeguard assets, a written labour
contract must be entered into;
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2. An employer must respect the honour, dignity and welfare of a domestic servant and
will be responsible for the provision of care when the person falls ill or is injured in
an accident;
3. Wages, working hours, rest breaks, and allowances will be agreed by the parties
when negotiating the labour contract. The employer must provide the domestic
525
Responses to Combined Fifth and Sixth Periodic Report, p. 18
Employment (Article 11 of CEDAW)