English - CEDAW Southeast Asia

A Gendered and Rights-Based Review of Vietnamese Legal Documents through the Lens of CEDAW
families of their ex-spouses is prohibited. 712
The Decree on Marriage and Family Law (Ethnic Minorities) provides a list of ‘fine’
marriage and family customs of the ethnic minority people, which are respected and to be
promoted including: (a) monogamy; (b) free choice of companion to court and live with; and
(c) accepting marriages between people of different ethnic minority groups. 713 It also provides
a list of ‘backward’ marriage and family customs and practices that needs to be eradicated
through mobilization including: (a) underage marriage; (b) forced marriages; (c) obstructing or
rejecting marriages due to ethnic and religious differences; (d) prohibiting marriages between
the fourth generation and further; and (e) if the man has no wedding presents, forcing him to
work for his parents-in-law. Further ‘backward’ customs and practices that contravene the
Marriage and Family Law and are strictly prohibited are listed including: (a) polygamy; (b)
snatching or kidnapping women in order to coerce them into marriage; (c) asking for high
wedding presents of commercial nature; (d) string binding (that is, when husbands die, the
widows are forced to marry their brothers-in-law; or when wives die, the widowers are forced
to marry their sisters-in-law); or (e) forcing the widows or widowers, who remarry other
persons, to repay the wedding money to the families of their ex-spouses. 714
From these provisions, it is clear that there is an unequal age of legal marriage for men
and women. This goes against the tenets of equality. In reality, though, the average age of
women for first their marriage is 22.8 years and the average age of men for their first marriage
is 26.0 years. 715 The situation is different in remote and mountainous regions, however, where
premature marriage is practiced along with other practices that violate free choice. 716 It is
commendable that Viet Nam has legal documents to guarantee the right if, when and who to
marry within its general population, and also it has a separate document that addresses
specific cultural practices that need to be revised or modified to comply with its obligations
under CEDAW. In relation to the Decree on Marriage and Family Law (Ethnic Minorities) list
of backward customs and practices in Appendix A, it is highly suggested that list is reviewed
for eradication through mobilization. In particular, in addition to simply eradicating through
mobilization, there is a need also to prohibit strictly underage marriage and forced marriage.
Also, in relation to the list of backward customs and practices that are strictly prohibited in
Appendix B of the decree, in addition to prohibition, eradication through mobilization efforts is
also necessary so that the prohibition is coupled with an understanding of non-discrimination.
This applies, for example, to customs such as polygamy, restrictions on widows to remarry,
and asking for wedding presents of high commercial value.
Recommendations: It is recommended that the age of marriage be the same for
men and women. In setting equal age for marriage, the minimum age should not be less
than 18 years. It is also recommended that Appendices A and B of the Decree on
305
712
Ibid., Article 6(2)
713
A List Of Ethnic Groups Fine Marriage And Family Customs And Practices Encouraged For Promotion, As Prescribed
For The Application Of The 2000 Marriage And Family Law To Ethnic Minority People was promulgated together with
the Decree on Marriage and Family Law (Ethnic Minorities) and attached as Appendix A.
714
A List Of Ethnic Groups Backward Marriage And Family Customs And Practices, Banned From Application Or
Eradicated Through Mobilization As Prescribed For The Application Of The 2000 Marriage And Family Law To Ethnic
Minority People was promulgated together with the Decree on Marriage and Family Law (Ethnic Minorities) and
attached as Appendix B.
715
Combined Fifth and Sixth Periodic Report, p. 52
716
Ibid.
Marriage and family (Article 16 of CEDAW)