English - CEDAW Southeast Asia

A Gendered and Rights-Based Review of Vietnamese Legal Documents through the Lens of CEDAW
One of the challenges faced by women owning and managing their own business or
enterprise is the lack of resources, both technical and financial. In relation to financial
resources, see discussion in Indicator 95 on equal access to credit. As to technical resources,
there are initiatives carried out by Viet Nam Women’s Union to assist women entrepreneurs
on technical matters. 633 In particular, the Viet Nam Women’s Union has provided 289 training
courses to 8,672 women who own small enterprises in 52 provinces/cities on starting a
business, improving knowledge and business management skills. It has also provided support
for female entrepreneurs to: participate in consultation and national and international forums,
host national and international exhibitions, attend talks and forums on laws relating to
enterprises, technology, markets, labels and designs, encourage participation of
businesswomen especially in Viet Nam Women’s Union activities, and form a network of
female entrepreneurs. About 262 of these clubs composed of female entrepreneurs were set
up.
Another challenge identified is that women from remote and mountainous regions, and
ethnic women in particular, have limited knowledge on investment sources in production and
business. 634 To address this, the Decree on SMEs and its supporting documents, including the
Programme for Human Resource Training, enumerate support policies in the field of human
resource development, but there are no specific gender provisions to ensure and monitor that
female entrepreneurs/owners/managers benefit from them. It is suggested that a monitoring
system that looks in women’s access to the support policies be put in place, as well as specific
interventions to increase percentages of women as target participants (a minimum of 30
percent and progressively working towards 50 percent participation). Female instructors or
lecturers must also be recruited to provide more hands-on knowledge on challenges faced by
women entrepreneurs/owners/managers.
Also, to ensure that a clear policy against gender equality and non-discrimination is
carried into the field of business and to prevent discriminatory stereotypes about
businesswomen, it is suggested that clear provisions on non-discrimination on account of
gender in the field of business be stipulated in legal documents governing investment,
enterprises and business; for example, the Enterprise Law, Investment Law, Decree on SMEs
and its supporting documents, and Law on Cooperatives (No. 18/2003/QH11 of November 26,
2003) (Law on Cooperatives).
Creating or strengthening a gender-friendly environment for female entrepreneurs,
including protection against sexual harassment in the conduct of their business, should be
prioritized by law. The definition in Paragraph 18 of GR 19 can provide a standard that can be
adapted in crafting a definition of ‘sexual harassment’ in the business setting. This should
protect against clients as well as officials who demand sexual favors in the conduct of their
official tasks. The setting up of day-care centres and crèches will be useful for businesswomen
to balance business and family life.
279
Lastly, improving female entrepreneurs’ access to technical skills is important, including
increased support to enable their access to business information, as well as skills in business,
633
Viet Nam Women’s Union Report, p. 45
634
Ibid.
Economic and social life (Article 13 of CEDAW)