English - CEDAW Southeast Asia

CEDAW and the Law:
Both Article 3 of the Law on Gender Equality and Article 6 of the Law on Conclusion,
Accession to and Implementation of Treaties (No. 41/2005/QH11 June 14, 2005) (Law on
Treaties) state that in cases where a legal document and a treaty to which Viet Nam is a
party 217 contain different provisions on the same matter, the provisions of the treaty prevail.
Hence, based on this, CEDAW provisions will prevail over domestic legal documents in cases
of conflict. They provide that, in the promulgation of legal documents, it must be ensured that
the legal documents do not obstruct the implementation of treaties to which Viet Nam is a State
Party. However, there are no provisions in Vietnamese law relating to claiming rights guaranteed
in a treaty directly in judicial or quasi-judicial proceedings. There are also no clear provisions
stating that treaties are or are not directly executable in Viet Nam unless a legal document
is in place.
After conclusion or accession to a treaty, the recommending agency must submit a plan
for implementation of the treaty that contains recommendations on amendment, supplementation,
cancellation or promulgation of legal documents for the implementation of the treaty. 218
Once the plan is approved, the recommending agency executes it. 219
If, in the course of execution, problems arise as to interpretation of the treaty, the recommending
agency can request for interpretation. 220 These cases arise when, for example, a
treaty contravenes legal documents, or it has not yet been made into legal documents. 221 The
competence to interpret treaties rests with the Government or Standing Committee. 222 A treaty
can also be interpreted if there is a request by the foreign contracting party, by a concerned
individual agency or organizations, or whenever necessary. 223 On its own initiative or upon proposal,
224 the Standing Committee can decide on the interpretation of treaties that contain provisions
that contravene or have not yet been made into legal documents of the National
Assembly or Standing Committee, or treaties the implementation of which will require amendment,
supplementing, canceling or promulgating legal documents of the National Assembly
and its Standing Committee. 225 The Government can, on its own initiative or at the request of
the recommending agency, also 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. 226
From the provisions above, it is obvious that interpretation of the treaties’ provisions is
centralized. It is not easily accessible to individuals whose rights under the treaty have been
violated to request for interpretation or the application of the treaty prior to application.
110
217
Law on Treaties, Articles 2(1) and 2(12). This refers to treaties being in force in relation to Viet Nam. These treaties must be in
the name of the State or Government regardless of titles.
218
Ibid., Article 71
219
Ibid., Article 73
220
Ibid.
221
Ibid., Articles 2, 3, 4 and 73
222
Ibid., Article 76
223
Ibid., Article 74
224
Ibid., Article 76. Proposals may be made by the State President, Government, Supreme People’s Court, Supreme
People’s Procuracy, Council of Ethnic Minorities, Committees of the National Assembly, Viet Nam Fatherland Front and
it members, and/or National Assembly deputies.
225
Ibid., Article 76(1)
226
Ibid., Article 76(2)
Review of key legal documents and compliance with CEDAW