English - CEDAW Southeast Asia

CEDAW and the Law:
guilt over the prosecution of a family member; (b) lack of economic support if the offender, who
contributes to the support of the family, is prosecuted, (c) fear of being judged at fault; (d) fear
of stigmatization by the community; and (e) feelings of not wanting to bring shame on the family.
One of the critical discussions on incest is whether imposing very high penalties or even
seeking justice is a good strategy, as this may discourage victims from reporting cases to
avoid penalizing a close family member (who, in some instances, is also the primary breadwinner
in the family). Bearing in mind Viet Nam’s context, and the international standards, it is
suggested that best approach is to ensure accessibility of justice remedies, but couple it with
strengthened support for victims and their families.
This issue is also rarely addressed in research or studies in Viet Nam. Available statistics
do not show the relationship of the offender to the victim of sexual assault cases. Further
research will assist more responsive law-making on this area.
Recommendation: Strengthening access to justice by victims of incest must be a
key policy measure for this issue. Legal documents must provide appropriate victim
and family support where crimes of incest are detected. Mandatory services should be
provided by the state management agency such as: (i) provision of emergency shelter
(ii) skills training, livelihood development services or job referrals for the victim or family;
(iii) psycho-social counselling for the victim and family; (iv) reintegration and aftercare
work; (v) medical assistance; (vi) free legal assistance; and (vii) provision of a professional
social worker for assistance. Temporary protection orders should also be
available for victims of incest, as discussed in Part V.1.3.6., Indicator 2(g). Further
research on this issue must also be strongly urged to further law-making.
Indicator 26
Stalking
Indicator 26(a)
Indicator 26(b)
Indicator 26(c)
Indicator 26(d)
Is stalking prohibited
How is stalking defined
What forms of redress are provided to victims of stalking
Are sanctions are in place for perpetrators
The crime of stalking is not defined or penalized in Viet Nam’s laws. ‘Stalking’ can be
defined as an intentional act committed by a person who, without lawful justification, follows
another person or places the latter under surveillance directly or indirectly. This is a form of
harassment and affects the health and mental integrity of its victims. In comparative jurisdictions,
this is a crime experienced disproportionately by women.
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There is no available data on this subject in Viet Nam, although some accounts of its
occurrences are heard. No specific forms of redress under penal laws are provided for stalking
unless it falls under any of the offences enumerated in Part V.1.3.3, Indicator 22. As to a
civil action, Article 609 of the Civil Code on damage caused by infringement upon health can
be used, but it is only limited to reasonable expenses for treatment, loss of income, etc.
Recommendation: It is recommended that information and data on stalking be
obtained. Once obtained, appropriate measures for protection should be available to
victims. For this, see Part V.1.3.6, Indicator 23 and Part V.1.3.3, Indicator 10.
Review of key legal documents and compliance with CEDAW