English - CEDAW Southeast Asia

CEDAW and the Law:
tation of the treaty that contains recommendations on amendment, supplementation, cancellation
or promulgation of legal documents for the implementation of the treaty. Once the plan
is approved, the recommending agency executes it. If, in the course of execution, problems
arise as to interpretation of the treaty, it can request for interpretation.
A treaty shall also be interpreted if there is a request by the foreign contracting party, by
a concerned individual agency or organization, or whenever necessary. 103 The competence to
interpret treaties rests with the Government or Standing Committee. 104 The Government can
on its own initiative, or at the request of the recommending agency, decide on the interpretation
of treaties, except those relating to treaties decided for ratification or accession by the
National Assembly as well as those relating to legal documents of the National Assembly and
Standing Committee. On its own initiative or upon proposal 105 , the Standing Committee can
decide on the interpretation of treaties that: (a) contain provisions that contravene, or have not
yet been made into, legal documents of the National Assembly or Standing Committee; or (b)
the implementation of which will require amendment, supplementing, canceling or promulgating
legal documents of the National Assembly and Standing Committee 106 . For further discussions
on the incorporation of treaties in domestic legislation, see Part V.1.2.5.
Viet Nam has ratified the following international human rights treaties: International
Covenant on Civil and Political Rights; International Covenant on Economic, Social and
Cultural Rights; International Covenant on the Elimination of All Forms of Racial
Discrimination; Convention on the Elimination of All Forms of Discrimination Against Women;
and Convention on the Rights of the Child, Optional Protocol to the Convention on the Rights
of the Child on the Sale of Children, Child Prostitution and Child Pornography, and Optional
Protocol to the Convention on the Rights of the Child on the Involvement of Children in Armed
Conflict.
48
103
Ibid., Article 74
104
Ibid., Article 76
105
Proposals may be made by the State President, Government, SPC, SPP, Council of Ethnic Minorities, Committees of
the National Assembly, Central Committee of the Viet Nam Fatherland Front, Viet Nam Fatherland Front members or
National Assembly deputies.
106
Law on Treaties, Article 76(2)
Legal framework