English - CEDAW Southeast Asia

A Gendered and Rights-Based Review of Vietnamese Legal Documents through the Lens of CEDAW
Articles 98 and 99 of the Law on Treaties discuss: (a) the responsibilities to draft legal
documents for treaty implementation. The responsibility of MOFA is to coordinate the drafting
of legal documents relating to the conclusion, accession to and implementation of treaties. The
responsibility of the recommending agencies is to take initiatives in recommending the completion
of legal procedures for treaties; and (b) responsibility of MOFA and the recommending
agency to popularize and disseminate treaties to which Viet Nam is a party. The National
Assembly and its committees and deputies exercise supervision powers on the conclusion,
accession to and implementation of treaties, which includes review of reports of the State
President or Government on the conclusion, accession to and implementation of treaties. 227 On
the basis of supervision results, the National Assembly can require other State agencies to
issue documents guiding the implementation of treaties. 228
In looking into the domestic application of CEDAW in Viet Nam, particular references are
sometimes made to the newly adopted Ordinance on Conclusion and Implementation of
International Agreements No. 33/2007/PL-UBTVQH11 of April 20, 2007 (Ordinance on
International Agreements). This reliance is misplaced as it does not cover treaties. This ordinance
applies only to an international agreement, which it defines as “a written agreement on
international cooperation concluded in the name of a central state agency, a provincial level
agency or an organization's central body within the scope of its functions, tasks and powers
with one or more than one foreign party”, but it excludes from its coverage those dealing with
citizen’s fundamental rights and obligations. 229 The international agreements that are the subjects
of this ordinance may be signed as an agreement, memorandum of understanding, minutes
of agreement, minutes of exchange, cooperation program or cooperation plan. 230 Such an
international agreement is only binding on the Government ministry or State agency concluding
it; hence, it does not give rise to international legal rights and obligations for the State or
Government. 231 The law governing treaties - and, therefore, governing CEDAW - is the Law on
Treaties.
Recommendation: Legal documents providing individuals the right to claim
directly human rights guaranteed in international treaties acceded or ratified by Viet
Nam, in particular CEDAW, through judicial and quasi-judicial proceedings must be
promulgated. It is also suggested that Viet Nam ratifies the Optional Protocol to the
Convention on the Elimination of All Forms of Discrimination against Women, 232 allowing
women to claim their rights at the international level when all domestic remedies
have been exhausted at the local level.
Procedures for individuals to request for interpretation or application of treaties
to address their individual situations must also be provided. Further, popularization and
information dissemination of treaties and their application must be heightened espe-
111
227
Ibid., Article 100
228
Ibid., Article 103
229
Ordinance on International Agreements, Article 2(1)
230
Ibid., Article 2(2)
231
Ibid., Article 4
232
http://www.un.org/womenwatch/daw/cedaw/protocol/text.htm. It was adopted on October 6, 1999 and entered into force
on December 22, 2000
General undertakings to eliminate discrimination and ensure equality (Articles 1-3 of CEDAW)