English - CEDAW Southeast Asia

A Gendered and Rights-Based Review of Vietnamese Legal Documents through the Lens of CEDAW
ple is applied to prevent or to stop immediately acts of causing public disturbance, causing
injury to other persons or necessary to gather and/or verify important circumstances that serve
as bases for deciding on the handling of administrative violations. 184
Recommendation: It is recommended that, in the case of pregnant women or
those requiring special assistance (for example, suffering a serious illness), the period
for custody as provided in Article 44 of the Ordinance on Administrative Violations must
be shortened. Where possible, non-custodial measures should be preferred.
Body search
Body searches are conducted by men in the case of men and by women in the case of women
and must be witnessed by persons of the same sex. 185
Postponement, exemption and temporary suspension of administrative handling measures
Women who are pregnant or nursing children up to 36 months of age are exempt from serving
the decision of being sent to reformatories. 186 When persons serving such decisions
become ill and they are sent back to their families for treatment, the service of the decision is
temporarily suspended, but the medical treatment duration is counted as time served. If the
remaining duration of time to be served is less than six months, women who are found to be
pregnant are exempt from serving the remaining duration.
Women who are pregnant or nursing children up to 36 months of age can request postponement
of serving the decision of being sent to education establishments. 187 When persons
serving such decisions become ill and they are sent back to their families for treatment,
the service of the decision is temporarily suspended, but the treatment duration is counted as
time served. If the remaining duration of time to be served is less than three months for women
who are found to be pregnant, the execution is temporarily suspended until their children are
aged 36 months or, if they exhibit ‘good record’, they will be exempt from serving the remaining
duration.
Women who are pregnant or nursing children up to 36 months of age may postpone
the execution of the decision of sending to medical treatment establishments. 188 When persons
serving such decisions become ill and they are sent back to their families for treatment,
the service of the decision is temporarily suspended, but the treatment duration is counted as
time served. If the remaining duration is less than three months, the execution is temporarily
suspended, for women who have children aged less than 36 months, until their children are
aged 36 months or, if they exhibit good record, they will be exempt from serving the remaining
duration.
95
184
Ibid., Article 44(1)
185
Ibid., Article 47(4)
186
Ibid., Articles 80-81
187
Ibid., Articles 89-90
188
Ibid., Articles 98-99
General undertakings to eliminate discrimination and ensure equality (Articles 1-3 of CEDAW)