English - CEDAW Southeast Asia

CEDAW and the Law:
acquisition, management, administration, enjoyment and disposition of
property
Indicator 115 Does legislation provide same rights and responsibilities to men and
women for the number and spacing of their children (including
education and means to exercise these rights)
Indicator 116 Does the legislation provide for equal property rights of men and women
who live together without the benefit marriage (de facto unions)
Indicator 117 Do women and men have equal inheritance rights
V.13.3 RELEVANT LEGAL PROVISIONS
In Viet Nam, the percentage of married population is highest for women aged 35-39 years with
87.1 percent of women, and for men aged 45-49 years with 96.5 percent of men. 685 The
percentage of single men is higher than single women. Divorce is socially unacceptable in Viet
Nam. 686 In 2003, only 0.7 percent of men and 1.9 percent of women were officially registered
as divorced or separated. It is likely that there is under-reporting on this matter. Divorced
women remaining single after divorce is 2.6 percent higher than divorced men remaining
single, and the percentage of widows is five times than the percentage of widowers. 687 The
number of female-headed households is 36.2 percent and 20.2 percent in urban and rural
areas respectively. Certain types of female-headed households, such as divorced, separated
or widowed women particularly in rural areas, are more vulnerable to poverty. 688 Qualitative
assessments point to female-headed households being worse off in terms of vulnerability to
poverty. 689
Indicator 107 Does the Constitution provide for special protection for family and
marriage
Indicator 108 Is there a general guarantee in a legal document of gender equality in
the family and marriage
Article 64 of the Constitution states: “The family is the cell of society. The State protects
marriage and the family.” It also provides that the state and society shall recognize no
discrimination among children.
300
The Decision No. 106/2005/QD-TTG of May 16, 2005 on Approving the Strategy on
Building of Vietnamese Families in the 2005-2010 Period (Decision on Families) states:
“Families constitute one of the important factors decisive to the sustainable development of
the society and the success of the cause of national industrialization and modernization and
socialist construction. Building of Vietnamese families with few children…which are abundant,
progressive, equal and happy, constitutes a motive force of the socio-economic development
685
GSO Statistics., pp. 47-48
686
Wells, op. cit., p. 8
687
GSO Statistics, p. 43
688
Wells, op. cit., pp. 11 and 12
689
Ibid.
Review of key legal documents and compliance with CEDAW