English - CEDAW Southeast Asia

CEDAW and the Law:
well as those established after 1 January 2001 and unregistered. Legal documents must
also urged the establishment of more proactive and institutionalized measures to
ensure marriage registration including legal awareness campaigns, free legal
assistance on marriage registration and mobile registration offices.
Indicator 113 Does legislation penalize adultery
Where the crime of adultery is penalized, in many jurisdictions, it usually encompasses:
(a) sexual relations by a married person with someone other than a spouse; or (b) sexual
relations with a person known to be married to another. In Viet Nam, there is no crime titled as
adultery. However, provisions on bigamy or acts violating monogamy regime actually include
particular acts of adultery. Article 147 of the Penal Code defines ‘bigamy’ as: “Any married
person who marries or lives with another person like husband or wife or any unmarried person
who marries or lives with another person who he/she knows to be a married person, thus
causing serious consequences or who has been administratively sanctioned for such acts but
repeat the violation, shall be subject to warning, non-custodial reform for up to one year or a
prison term of between 3 months and one year.” Article 8 of the Decree on Marriage and
Family Violations identifies the following acts as violating the marriage ban or monogamy
regime: “(a) Married person entering into marriage or living with another person like husband
or wife but such act has not yet caused serious consequences; and (b) Unmarried person
entering into marriage or living with another person, who he/she knows is a married person,
but such act has not yet caused serious consequences.” Living ‘like husband or wife’ is often
proved by a common child, a couple is considered by neighbors and other members of society
as husband and wife, they have common property, etc. 725 The break up of the family of one or
both parties, divorce, suicide by the husband, wife or child are considered to be ‘serious
consequences’. 726
One of the critiques on adultery legislation is that, in many jurisdictions, it affects women
disproportionately. In particular, because of societal tolerance of male sexual relations, as
compared to its disapproval of female sexual relations, outside marriage, in many instances,
cases of adultery are most often filed against women. There is a need for further research on
this area.
Indicator 114 Are both spouses (husband and wife) equal in the ownership,
acquisition, management, administration, enjoyment and
disposition of property
308
Article 58 of the Constitution states: “The citizen enjoys the right of ownership with
regard to his lawful income, savings, housing, goods and chattel, means of production, funds
and other possessions in enterprises or other economic organizations, with regard to land
entrusted by the State for use, the matter is regulated by the provisions of Articles 17 and 18.
The State protects the citizen’s right to lawful ownership and inheritance.” This should be read
with Article 63 of the Constitution, which provides: “Male and female citizens have equal rights
in all fields - political, economic, cultural, social and family”. For general provisions on property
rights of men and women, see Part V.12.3, Indicator 105.
725
Joint Circular on Marriage and Family Crimes, Paragraph 3.1
726
Ibid., Paragraph 3.2(a)
Review of key legal documents and compliance with CEDAW