English - CEDAW Southeast Asia

A Gendered and Rights-Based Review of Vietnamese Legal Documents through the Lens of CEDAW
strategy in the period of national industrialization and modernization.” 690 The term ‘family’
appears to be broadly defined in law. The Decree on Marriage and Family Law provides
detailed guidance for the implementation of the Marriage and Family Law. Accordingly, the
State, government agencies and social organizations undertake the responsibility to support
families in economic development, building happy families, caring for the children, addressing
domestic disputes and problems, preventing violence especially against the elderly, women
and children, equipping family members with good behavioural skills, and identifying and
encouraging exemplary families showing responsibility - and criticizing families showing
irresponsibility - to their members and the society. 691
With the importance placed on the family, there are several legal documents
guaranteeing equality in the family and marriage regime. Article 2 of the Marriage and Family
Law identifies the basic principles of the marriage and family regime: (a) voluntary,
progressive and monogamous marriage in which husband and wife are equal; and (b) nondiscrimination
among and between sons and daughter. Article 19 of the Marriage and Family
Law also states that husband and wife are equal to each other, and they have equal
obligations and rights in all aspects of their family. The principle of equality is also mentioned
in Article 40 of the Civil Code: “[H]usband and wife are equal to each other, shall have the
same rights and obligations in all respects in family and in civil relations and shall together
build a plentiful, equitable, progressive, happy and lasting family.” The Law on Gender
Equality also contains provisions on equality in family and marriage. It provides that wife and
husband are equal in civil and other relationships on marriage and family. 692
The Marriage and Family Law states that ‘the family’ is “a group of persons closely
bound together by marriage, blood ties or rearing relations, thus giving rise to obligations and
rights among these persons according to the provisions of this Law.” 693 Nevertheless, there is
no further elaboration of this definition. Elucidation on the definition of ‘the family’, however,
may ensure that attention to given to various forms of the family. In Viet Nam, as in many
cases, a ‘family’ is seen as composed of a husband, wife and children as well as other
relatives. However, it should be borne in mind that various forms of families exist, such as
those involving divorced, separated, widowed persons and female-headed families. Due to
the burden of care borne by women, especially in the care of children, failure to take into
consideration the various forms of the family impact on them heavily. By providing a specific
provision on these various forms of the family, implementers are reminded to ensure that their
policies and interventions do not discriminate, especially against the women in these families.
Recommendations: It is recommended that further elucidation be provided on the
definition of ‘the family’. This should specifically refer to the fact that families can
involve divorced, separated, widowed persons, single parents and female-headed
families; and, therefore, policies and interventions should ensure that their concerns
are considered and that are not discriminated against.
301
690
Decision on Families, Article 1
691
Combined Fifth and Sixth Periodic Report, p. 17
692
Article 18, Law on Gender Equality
693
Marriage and Family Law, Article 10
Marriage and family (Article 16 of CEDAW)