English - CEDAW Southeast Asia

CEDAW and the Law:
There are also a number of selected indicators that are relevant to Article 5 of CEDAW,
but they are placed as selected indicators for other articles. It may be useful to look at them
as well; for example, the selected indicators referring to sex-selective abortion under Article 12
of CEDAW, for interventions, including dissemination of information to ethnic minorities under
Article 14 of CEDAW, and for common responsibility of men and women in the upbringing of
their children under Article 16 of CEDAW.
V.3.3 RELEVANT LEGAL PROVISIONS
Indicator 31
Indicator 32
Is there legislation that requires the modification of stereotypes
and other practices that discriminate against women
Are there measures in place to provide information on gender and
gender equality
There are a number of provisions in Vietnamese legal documents relating to customs and traditions.
First, Article 30 of the Constitution provides: “The State and society … inherit and promote
values of cultures of all nationalities, in Viet Nam… The State … prohibits the popularization
of reactionary and depraved thoughts and cultures, and eliminates superstition and bad
customs.” Article 33 states: “The State shall strictly ban all activities in the fields of culture and
information that are detrimental to national interests, and destructive of the personality, morals
and fine lifestyle of the Vietnamese.”
Second, Article 7 of the Law on Gender Equality provides as one of the State Policies
on Gender Equality: “To apply appropriate measures to eliminate backward customs and
habits hindering the implementation of gender equality objective.” Article 40(6) identifies as a
violation against the Law on Gender Equality in the field of culture, information and sports the
“spreading thought, conducting oneself and inciting other people to conduct backward manners
and custom with gender discrimination nature under all forms.”
Third, Article 8 of the Civil Code provides that the establishment and performance of civil
rights and obligations must ensure the preservation of national identities, respect and promote
good customs, practices and traditions, solidarity, mutual affection and cooperation, the principle
of every individual for the community and the community for every individual, and the
noble ethical values of ethnicities living together on Vietnamese soil.
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Fourth, Article 3(1) of the Marriage and Family Law states that the State adopts policies
and measures to mobilize people to abolish backward customs and practices related to marriage
and family, but to promote fine traditions, customs and practices embodying the identity
of each nationality.
Fifth, the Decree on Marriage and Family Law (Ethnic Minorities), which elaborates on
the Marriage and Family Law, states in Article 2 that, in relation to the application of customs
and practices on marriage and family, the fine customs and practices of the ethnic minorities
will be respected and promoted, while the backward marriage and family customs are either
strictly prohibited and/or to be eradicated through mobilization. The decree identifies ‘fine practices’
and ‘backward practices’. ‘Fine practices’ include monogamy, equal treatment of children
Review of key legal documents and compliance with CEDAW