English - CEDAW Southeast Asia

A Gendered and Rights-Based Review of Vietnamese Legal Documents through the Lens of CEDAW
Application of security measures
The Civil Procedure Code also provides that persons who request the courts to apply the provisional
emergency measures prescribed in Clauses 6, 7, 8, 10 and 11 of Article 102 must deposit
a sum of money or other valuable property or papers (equivalent to the property obligation to be
performed by the obligor). This provision may have a disproportionate impact on women because
they are less likely than men to have ownership, control or management of properties, including
having their names in LUCs. It is suggested that research be conducted on the possible enabling
conditions to be put in place to allow women access to such measures.
Law on Complaints and Denunciations
The Law on Complaints and Denunciations provides procedures for settlement of complaints and
denunciations. In particular, there are articles on privacy and confidentiality in Articles 16, 57, 72
and 77 of the law. It is recommended that, in cases where serious harm, stigma or trauma would
follow the disclosure of the victims identity, all identifying information must be kept confidential.
Private receiving places must also be provided for the receipt of complaints and denunciations to
ensure privacy and confidentiality.
Administrative procedure
In relation to administrative procedures, the following provisions will benefit from improvements.
Differential age
The differential age of application of administrative handling measures in Articles 23 and 25 of
the Ordinance on Administrative Violations must be removed. More specifically, it is recommended
that, in relation to these articles, the same age should apply to both men and women relating
to whether they are subjected to sending to education establishments or to education at communes,
wards and district towns.
Custody
It is recommended that, in the case of pregnant women or women requiring special assistance
(for example, suffering from serious illness), the period for custody in Article 44 of the Ordinance
on Administrative Violations must be shortened. Where possible, non-custodial measures should
be preferred.
Postponement, exemption and temporary suspension of administrative handling measures
Articles 80, 81, 89, 90, 98 and 99 of the Ordinance on Administrative Violations provide that
women who are pregnant or nursing children aged up to 36 months are exempt from serving the
decision of being sent to reformatories. Such women can also request postponement of serving
the decision of being sent to education establishments or to medical treatment establishments. A
review of these articles must be initiated regularly in relation to the period of nursing that warrants
exemption, temporary suspension and postponement of the execution of the decisions on administrative
handling measures.
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Legal aid
Legal aid is guaranteed by Article 132 of the Constitution and more specifically by the Law on
Legal Aid and Decree on Legal Aid Law. Women are not explicitly included in the list of legal aid
beneficiaries in Article 10 of the law, but there are several legal aid offices providing services
exclusively for women. The law and decree also do not explicitly provide for any preferred or priority
area of attention for women.
Executive summary