English - CEDAW Southeast Asia

CEDAW and the Law:
cially for those implementing them. In relation to CEDAW, it must be clearly mandated
that the State management agency on gender equality, MOLISA, must have enhanced
knowledge about CEDAW and its application. Otherwise, the application of articles of
legal documents, stating that treaties prevail over domestic law is useless, without
knowledge of the treaty itself.
V.1.3.6 Gender-Based Violence/ Violence Against Women and its Manifestations
Indicator 22
Gender-Based Violence
Indicator 22(a)
Indicator 22(b)
Indicator 22(c)
Is GBV prohibited by law
How is GBV defined
What sanctions are in place for perpetrators
A guarantee of the inviolability of the person is found in Article 71 of the Constitution: “The citizen
shall enjoy inviolability of the person and the protection of the law with regard to his life,
health, honour and dignity… It is strictly forbidden to use all form of harassment and coercion,
torture, violation of his honour and dignity, against a citizen.” This provides an overall framework
for the protection against GBV. A more specific prohibition of GBV is found in Article 10
of the Law on Gender Equality. Aside from this prohibition, there is no definition or explanation
found relating to the use of the term ‘gender-based violence’ in the law, nor is there further
mention of the term in the law. It is obviously important for GBV to be defined and explained
to enable proper implementation as well as provide fair notice to everyone as to what behavior
is prohibited exactly.
Under the Law on Gender Equality, the handling of GBV is in accordance with Article 42:
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.
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There are several provisions in Vietnamese criminal, civil and administrative legal documents
that can be used to address GBV and its manifestations. These are as follows.
Murder
Article 93 of the Penal Code penalizes those who commit murder to 12-20 years imprisonment,
life imprisonment or death when it is committed in particular cases, including: (a) murder
of women who are known by the offender to be pregnant; (b) murder of a grandfather,
grandmother, father, mother, fosterer and/or teacher; and (c) murder to take organs from the
victim’s body. Those not falling under the particular circumstances will be sentenced to 7-15
years imprisonment. 233
Infanticide
Article 94 of the Penal Code states that any mother who, due to strong influence of backward
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Penal Code, Article 93(2)
Review of key legal documents and compliance with CEDAW