English - CEDAW Southeast Asia

A Gendered and Rights-Based Review of Vietnamese Legal Documents through the Lens of CEDAW
law. Articles 14, 16 and 19 of the Civil Code also guarantee all individuals the same civil capacity
and capacity to act. It provides no distinction on the basis of sex as to the right to enter into
contracts and to act as estate administrators. There are no explicit restrictions in law on the basis
of sex. Legal documents also provide for the equal right to mobility, residence and domicile:
Article 68 of the Constitution, Articles 48 of the Civil Code and Article 3 of the Law on Residence
guarantee an individual’s right to mobility and residence. Article 55 of the Civil Code, Article 15
of the Law on Residence, Article 20 of the Marriage and Family Law and Article 11 of the Decree
on Marriage and Family Law (Ethnic Minorities) provide that residence is determined mutually by
the husband and wife.
PROPERTY RIGHTS
As to property rights - that is, ownership, acquisition, management, administration, enjoyment
and disposition – the legal documents in Viet Nam guarantee property rights, but they are generally
gender-neutral.
The most discussed issue relating to property is the registration of LUCs. There are no
impediments in law on the basis of gender relating to the registration of LUCs. In reality, however,
land is registered mostly in the name of the husband. Article 48(3) of the Land Law, Article 43
of the Decree on Land Law, and Article 27 of the Marriage and Family Law and Article 5 of the
Decree on Marriage And Family Law, require that the full names of both the husband and the wife
be inscribed in the LUC, where it is the common property of the husband and wife. Goals, plans
and strategies, including CPRGS, SEDP and VDGs have also urged the joint registration of newly
issued certificates.
Some recommendations are suggested. It is recommended that more proactive strategies
be put in place to encourage the registration of LUCs in the names of both husband and wife.
These proactive strategies include: (a) legal awareness–raising campaigns on the need to
request the joint registration of husbands and wives in the LUCs. Women, in particular, must be
made aware of the value of having LUCs in their own names, such as its importance to access
to credit; (b) targets by localities to re-grant previously issued LUCs in the names of both spouses;
and (c) free or subsidized legal aid, especially legal counselling and advice, to provide assistance
to women on procedures relating to reissuance of LUCs in the names of both spouses.
MARRIAGE AND FAMILY
(Article 16 of CEDAW)
Article 16 of CEDAW, GR 19 and GR 21 look into ensuring equality in the realm of the family and
marriage. They guarantee equal rights relating to entry into marriage, during marriage (whether
it relates to property, children, inheritance) and on dissolution of marriage. They protect not only
registered marriages, but also de facto marriages (that is, ‘unions without marriage’). In relation
to family life, their protection is provided for the whole life of women. In particular, women and
girls are protected from violence, especially violence caused by harmful traditional practices such
as early marriage, forced marriage, polygamy and domestic violence. GR 21 also states that
there are various ‘forms of the family’. Hence, the protection afforded should be expansive rather
than restrictive. The selected indicators, therefore, focus on these aspects of Article 16 and these
GRs. Further, Concluding Comments on Viet Nam 2007 focused, in particular, on calling Viet
Nam to prevent underage marriages and urging it to set a minimum age of marriage at age 18
years. Selected indicators focus on these matters too.
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Executive summary