English - CEDAW Southeast Asia

CEDAW and the Law:
lic servants are entitled to complain about disciplinary decisions of competent persons
when having grounds to believe that such decisions have contravened laws and infringed
upon their legitimate rights and interests.
(2) Citizens are entitled to denounce to competent agencies, organizations or individuals
illegal acts committed by any agencies, organizations and/or individuals, which
cause damage or threaten to cause damage to the interests of the State and/or the legitimate
rights and interest of citizens, agencies and/or organizations.
It is evident from the Law on Gender Equality that both public and private actors are prohibited
from discriminating and are covered by it.
Fourth, in relation to sanctions, Article 42 of the Law on Gender Equality states:
Article 42: Forms of handling with violations against the law on gender equality
(1) Those who commit any violation of gender equality, depending on the nature and level
of the violation, shall be subject to the sanctions, or administration fines or criminal
procedure.
(2) Agencies, organizations, individuals whose violations of gender equality law have caused
damages shall have to compensate for the damages in compliance with the law.
These are very general provisions and they do not provide sufficient notice and guidance
as to the range and extent of penalties that will be applied for the violations. Aware of
this, the Directive No. 10/2007/Ct-TTG of May 3, 2007 on the Implementation of the Law on
Gender Equality (unofficial translation) (Directive on Gender Equality Law) required the drafting
of a decree that will identify administrative fines against violations of gender equality. 152
Fifth, as to compensation for damage, these can be claimed under Articles 604-612 of
the Civil Code. There are also specific laws that have guarantees against discrimination (see
Part V.1.3.1) and provide for sanctions when violated; for example, Article 107 of the Marriage
and Family Law and Article 192 of the Labour Code. In both the Penal Code 153 and Ordinance
on Handling of Administrative Violations (No. 29/2006/PL-UBTVQH11 of April 5, 2006) amended
in 2007 (Ordinance on Administrative Violations) 154 abuse of power and position operates
as an aggravating circumstance, hence a heavier punishment is imposed.
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Recommendation: It is suggested that sanctions be clearly provided to the violations
listed in the Law on Gender Equality, although it is preferable that the sanctions
are provided in, or as an amendment or supplement to, the Law on Gender Equality,
bearing in mind Viet Nam’s practice of making legal documents. See Part II.2.1.
A decree that provides for sanctions for violations of gender equality must be
issued as soon as possible bearing sanctions that are in proportion to the seriousness
of the violation; and, therefore, providing a range of penalties that suits the violation,
including criminal prosecution and penalties when necessary. The decree must reaffirm
152
Directive on Gender Equality Law, Part II(2)(b)
153
Penal Code, Article 48(c)
154
Ordinance on Administrative Violations, Article 9(5)
Review of key legal documents and compliance with CEDAW