English - CEDAW Southeast Asia

A Gendered and Rights-Based Review of Vietnamese Legal Documents through the Lens of CEDAW
to put in place a comprehensive range of measures to be able to address the violence and its
various forms and manifestations. Paragraph 24 of GR 19 enumerates the recommendations of
the CEDAW Committee relating to GBV to guide implementation. Concluding Comments on Viet
Nam 2007 provided recommendations on measures that need to be undertaken in Paragraph 17
of GR 19, which include immediate means of redress, prosecution and punishment of perpetrators,
further research on GBV, increase education programs, and establishment of crisis centres
and shelters for victims.
In view of this, the selected indicators inquire on the definition of, sanctions against and
measures on GBV. Particular focus is given to domestic violence, rape, incest and stalking.
Other forms of GBV - such as trafficking, exploitation of prostitution, sexual harassment, forced
and early marriage, and forced sterilization - are discussed in Articles 6, 10, 11, 12 and 16 of
CEDAW.
Gender-based violence
A guarantee on the inviolability of the person is found in Article 71 of the Constitution. The Penal
Code and other legal documents, such as the Civil Code, Law on Children and Marriage and
Family Law define and prohibit acts of violence. Also, a prohibition on GBV is found in Article 10
of the Law on Gender Equality, but no definition is provided. In this regard, it is recommended
that a definition and explanation of gender-based violence, drawing on GR 19, must be provided,
preferably by law or in a decree implementing the Law on Gender Equality. However, for more
pervasive manifestations of GBV - for example, domestic violence, trafficking in women or sexual
harassment - separate legislation is necessary to address fully all its aspects.
A crucial observation on handling of violence or abuse cases in Viet Nam, whether it
involves civil, criminal or administrative procedures, is the absence of social workers. It is recommended
that social work be recognized as necessary in addressing gender discrimination, in particular
GBV. The employment or involvement of trained social workers in agencies that addresses
GBV must be mandatory. This should include their employment in state management agencies,
hospitals, courts, schools, counselling centres, rehabilitation and reintegration centres. The
legislation must also provide for the roles that they should play in these institutions.
Domestic violence 2
There are provisions in the Civil Code, Law on Children, Marriage and Family Law, Penal Code
and Law on Children that prohibit certain acts of domestic violence 3 .
Ideally, a Law on Preventing and Combating Domestic Violence must: (a) provide a comprehensive
definition of domestic violence, which includes physical, sexual, emotional and economic
violence, and explicitly prohibit domestic violence; (b) extend protection to those living
together as spouses without the benefit of marriage and those involved in an intimate or dating
relationship; (c) require mandatory reporting of cases involving domestic violence by health care
providers, teachers, social workers and People’s Committees to state management agencies or
police. In these cases, appropriate procedures must be provided; (d) provide for the proper han-
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2
The Law on Preventing and Combating Domestic Violence was adopted by the National Assembly on 21 November
2007, and was not included in this review. The review, although based on the context prior to the passage of the law,
is still useful to check whether recommendations provided were addressed in the new legal document
3
Civil Code, Article 31; Law on Children, Article 7; Marriage and Family Law, Articles 4, 21, 34(2), 35 and 49(1); Penal
Code, Articles 93-94, 100, 103-104, 110-122, 146-148 and 150-152
Executive summary