English - CEDAW Southeast Asia

A Gendered and Rights-Based Review of Vietnamese Legal Documents through the Lens of CEDAW
CONTRACEPTION
See section on Article 16.
SEXUAL HARASSMENT
Article 27(2)(h) of the Decree on Health Violations penalizes as a violation of professional and
technical regulations abusing the medical or health profession to commit acts of sexual harassment
against patients. Due to the limited scope of this decree, it is recommended that sexual
harassment legislation be promulgated, with sexual harassment in the medical and health setting
being one of the prohibited acts. It is also recommended that such legislation require administrators
of hospital, health centres and clinics to: (a) draft internal rules on sexual harassment; (b)
form committees to receive complaints on sexual harassment; and (c) provide appropriate remedies
to the grievances of the victim-patient. The new law should also penalize failure to do such
obligations, including making the hospital, health centre and clinics liable for damages when sexual
harassment occurs within their establishment.
ECONOMIC AND SOCIAL LIFE
(Article 13 of CEDAW)
Article 13 of CEDAW mandates equality in economic and social life. The selected indicators for
this article focus on equal participation in business and enterprises, and the equal right to access
credit. Other indicators of economic and social rights are discussed as well in relation to Articles
7, 8 and 10-16 of CEDAW, such as the rights to participate in social activities, to work, to own
property including land, to inheritance, and to enter and conclude contracts.
The right to participate equally in business and enterprise and supportive rights for its exercise
are guaranteed by the Constitution, Civil Code, Enterprise Law, Investment Law, Law on
Cooperatives and Decree on SMEs. These laws are gender-neutral. Article 12 of the Law on
Gender Equality, on the other hand, specifically provides: “Men and women are equal in setting
up a business, carrying out business and production activities, managing business and are equal
in accessing information, capital markets and labour sources.”
To ensure that a clear policy for gender equality and non-discrimination is carried into the
field of business, and to prevent discriminatory stereotypes about businesswomen or female
entrepreneurs, it is suggested that clear provisions on non-discrimination on account of gender
in the field of business be stipulated in general laws on business, investment and enterprise; that
is, the Enterprise Law, Investment Law, Law on Cooperatives and Decree on SMEs, and their
supporting documents. Provisions defining and prohibiting sexual harassment in the field of business
must be drafted as well, including those committed by clients as well as officials who
demand sexual favors to perform their mandated tasks. Legal provisions should also be provided
to encourage the setting up of day-care centres and creâches. Clear responsibility in legal documents
must be stipulated for ensuring increased support for female entrepreneurs to access
business information and skills, and personnel, financial and technical management and administration
skills, especially ethnic minority women and those women who live in remote and mountainous
regions. A target of 50 percent, with a minimum of 30 percent, should be progressively
achieved to ensure womens participation in human resource capability development.
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ACCESS TO CREDIT, LOANS AND FUNDS
The laws in Viet Nam do not formally prohibit women from accessing credit, loans and funds.
There are several laws, plans and strategies that address women accessing credit including the
Executive summary