English - CEDAW Southeast Asia

CEDAW and the Law:
Contraceptive use in North West and Central Highlands registered the lowest in terms
of contraceptive use of married women aged 15-49 years in 2002 with 71.23 percent and
72.23 percent respectively, the national average being 76.85 percent. 769 Thus, extra attention
and interventions to women in these areas are required. See Part V.9.3, Indicators 85-87 for
discussion and recommendations. However, in the 2002 data, as to method used, the Northern
regions - that is, Red River Delta, North East and North West and North Central - registered
the highest rates of IUD usage at 71.0 percent, 77.2 percent and 74.4 percent respectively,
where South Central, Central Highlands, Southeast, Mekong Delta registered at 61.7 percent,
51.0 percent, 48.5 percent, and 57.5 percent respectively. 770 This further shows that there is
little success in attempts at diversification in the North. 771
Hence, the range of contraceptives available and the extent of use shows that there is
a need to ensure more access to a broad range of contraceptives. Although there is no legal
prohibition on which contraceptive to access, there has been incentives provided for people to
undergo sterilization and IUD procedures. 772 The high use of IUDs is due to a government
family planning campaign that promotes this modern method of contraception. Particular legal
documents provide that men who are sterilized are given an allowance equaling 40 kg of rice
and are exempted from public labour for one year. Male civil servants receive one month
salary and seven days leave with full pay. Women who have at least two children are eligible
to have sterilization procedures provided for free. Likewise, women who undergo sterilization
are also provided an allowance equaling 40 kg of rice and are exempted from public labour
until the end of their working age. Woman civil servants would also be entitled for 20 days of
leave with full payment. Also, the use of IUDs is encouraged, with monetary incentives offered
in some instances. 773 The number of days leave, however, may now be reduced to seven days
for IUD implantation and 15 days for sterilization procedures with the coming into force of the
Law on Social Insurance. 774 Family planning providers are also given monetary incentives to
perform abortions/menstrual regulations, IUD insertions and sterilization, which encourage
them to offer these over other methods. 775
The last comprehensive joint assessment of issues relating to abortion in Viet Nam was
undertaken in 1999 by a number of national and international experts representing
organizations such as MOH, Viet Nam Women’s Union, World Health Organization (WHO) and
Population Council and it found that there are weaknesses in the provision of information and
counselling on contraception. 776
Some observations on the situation and these legal documents are as follows.
318
First, in relation to information and education on population and family planning, the list
of contents for any information on population in Article 7 of the Decree on Population is
769
GSO Data, pp. 18 and 19
770
United Nations Population Fund, ‘Implementation of Viet Nam’s Population Strategy: 2001-2005: An International
Perspective’, Ha Noi, April 2006 (UNFPA Perspective), p. 9
771
Ibid, p. 8
772
Center for Reproductive Rights, p. 217
773
Ibid., p. 217 citing Ho Chi Minh City Health and Financial Services’ Inter-Service Notice No. 475/MH 107 of May 10,
1989
774
Law on Social Insurance, Article 33
775
Long, op. cit., p. 23
776
Wells, op. cit., p. 38 citing the joint assessment
Review of key legal documents and compliance with CEDAW