English - CEDAW Southeast Asia

A Gendered and Rights-Based Review of Vietnamese Legal Documents through the Lens of CEDAW
are one of the common properties requiring registration. 675 When being registered for
ownership right, the names of both husband and wife must be inscribed. 676 The decree further
states: “In cases where the ownership right to a property under the common ownership of
husband and wife had been registered before the effective date of this Decree with the
inscription of the name of either husband or wife, the husband and wife may request the
competent State agency to re-grant the property ownership right registration paper for the
inscription of the names of both husband and wife thereon; if the husband and wife do not ask
for the re-granting of the property ownership right registration paper, such property shall still
belong to their common ownership; in case of a dispute, the party that claims the property
under his/her ownership shall be obliged to prove it.” 677
A number of goals, strategies and plans have also addressed this issue. The VDGs
seek to ensure that the names of both husband and wife appear on LUCs. The SEDP states
as among its development orientation the improvement of women’s rights in relation to LUCs.
The CPGRS identifies as one of its social development and poverty reduction targets to
ensure the rights of women to benefit from household assets by allowing them to register as
co-owner of assets (same as for their husbands) and to ensure that the names of both
husband and wife appear on LUCs before 2005. The Gender Strategy in Agriculture and Rural
Development to the year 2010 - issued pursuant to Decision No. 4776/QD/BNN/TCCB dated
28 October 2003 by the Minister of Agriculture and Rural Development - also particularly sets
as a target that, by 2005, the names of both husband and wife will appear on 100 percent of
the newly issued LUCs.
Although the Land Law and Marriage and Family Law, as well as the strategies and
plans, have led to some progress, one shortcoming of both laws is that they only apply to
LUCs issued after their adoption. There is a need to ensure also that previously issued LUCs
be changed to ensure equality.
See discussions and recommendations on property relations between husbands and
wives in Part V.13.3, Indicator 114.
Recommendation: It is recommended that more proactive strategies be put in
place to encourage registration of LUCs in the names of both husband and wife.
Among these proactive strategies are: (a) increase legal awareness–raising campaigns
on the need to request the joint registration of husbands and wives in the LUCs.
Women, in particular, must be made aware of the value of having LUCs in their own
names; for example, its importance to access to credit; (b) introduce targets by
localities to re-grant previously issued LUCs to reflect the names of both spouses; and
(c) provide free or subsidized legal aid, especially legal counselling and advice, to
provide assistance to women on procedures relating re-issuance of LUCs in the names
of both spouses.
293
Indicator 106 Do women have equal right to freedom of movement and to
choose her residence and domicile
675
Decree on Marriage and Family Law, Article 5(1)
676
Ibid., Article 5(2)
677
Ibid., Article 5(3)
Equality before the law (Article 15 of CEDAW)