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CEDAW and the Law: Indicator 45 Is trafficking an extraditable offence The Criminal Procedure Code contains provisions on extradition: Article 343: Extradition in order to examine penal liability or execute judgments Basing themselves on the international agreements which the Socialist Republic of Viet Nam has signed or acceded to on the principle of reciprocity, the bodies with procedureconducting competence of the Socialist Republic of Viet Nam may: (1) Request the foreign authorities with corresponding competence to extradite persons who have committed criminal acts or convicted under legally valid judgments to the Socialist Republic of Viet Nam for being examined for penal liability or serving their penalties. (2) Extradite foreigners who have committed criminal acts or convicted under legally valid judgments, who are being in the territory of the Socialist Republic of Viet Nam, to the requesting nations for being examined for penal liability or serving their penalties. Article 344: Refusal to extradite (1) The bodies with procedure-conducting competence of the Socialist Republic of Viet Nam may refuse to extradite persons in one of the following cases: (a) The persons requested to be extradited are citizens of the Socialist Republic of Viet Nam; (b) Under the provisions of the laws of the Socialist Republic of Viet Nam, the persons requested to be extradited cannot be examined for penal liability or serve penalties as the statute of limitations therefore has expired or for other lawful reasons; (c) The persons requested to be extradited for penal liability examination have been convicted by the courts of the Socialist Republic of Viet Nam under legally valid judgments for the criminal acts stated in the extradition requests or the cases have been ceased under the provisions of this Code; (d) The persons requested to be extradited are residing in Viet Nam for reasons of being possibly ill treated in the extradition-requesting countries on the grounds of racial discrimination, religion, nationality, ethnicity, social status or political views. 158 (2) The bodies with procedure-conducting competence of the Socialist Republic of Viet Nam may refuse to extradite in one of the following cases: (a) Under the criminal legislation of the Socialist Republic of Viet Nam, the acts taken by the persons requested to be extradited do not constitute offenses; (b) The persons requested to be extradited are being examined for penal liability in Viet Nam for the acts stated in the extradition requests. (3) The bodies with procedure-conducting competence of the Socialist Republic of Viet Nam which refuse to extradite under the provisions of Clause 1 and Clause 2 of this Article shall have to notify such to the foreign authorities with corresponding competence, which have sent the extradition requests. Review of key legal documents and compliance with CEDAW
A Gendered and Rights-Based Review of Vietnamese Legal Documents through the Lens of CEDAW Recommendations: To comply with the standard in the Trafficking Protocol, it is recommended that, for cases falling under Article 344(1)(a) and Article 344(1)(d) of the Criminal Procedure Code, despite refusal to extradite, investigation for prosecution for the offence must be initiated. In all extradition treaties, trafficking must be at all times explicitly included as an extraditable offence. V.4.3.2 Exploitation of Prostitution The number of women reported in prostitution was estimated to be 30,600 in 2003, of which 12,912 were on file; that is, undergoing administrative handling measures. 321 Previous figures showed significantly higher numbers: in 2000, 36,995 women were reported as engaged in prostitution and 13,923 women were on file; 322 while in 2002, there were 50,833 women reported and 17,098 women on file. Incidences of child prostitution were also identified, mostly involving girls and seldom boys. 323 Indicator 46 Indicator 47 Is prostitution considered an offence If so, how is it committed and who are considered offenders Are there sanctions in place Prostitution is prohibited in Viet Nam. Articles 254-256 of the Penal Code punish the crimes of ‘harboring prostitutes’, ‘procuring prostitutes’, and ‘sexual intercourse with juveniles’. Harbouring prostitutes Article 254 of the Penal Code provides for the crime of ‘harbouring prostitutes’. It states that those who harbor prostitutes will be sentenced to between one and seven years of imprisonment. The imposable penalty is increased to 5-15 years of imprisonment if the offense if committed with the following circumstances: (a) in an organized manner; (b) coercing other persons into prostitution; (c) more than once; (d) against those aged between 16 and 18 years of age; (e) causing serious consequences; or (f) constituting a case of dangerous recidivism. 324 The imposable penalty is further raised to 12-20 years of imprisonment if the offense is committed against a child aged 13 to 16 years of age or if causing ‘very serious consequences’. Life imprisonment is imposed the offense causes ‘particularly serious consequences’. 325 Procuring prostitutes Article 255 of the Penal Code punishes the crime of ‘procuring prostitutes’. It states that those who entice or procure prostitutes will be sentenced to between six months and five years of imprisonment. Article 255 state that, when the offenders commit the offense with the following circumstances, they will be sentenced to between three and ten years of imprisonment: (a) against those between 16 to 18 years of age; (b) in an organized manner; (c) in a professional 159 321 GSO Statistics, p. 72 322 lbid.,p. 73 323 See, for example, Le, Bach, Duong, ‘Children in Prostitution in Ha Noi, Hai Phong, Ho Chi Minh City and Can Tho: A Rapid Assessment’, Investigating the Worst Forms of Child Labour No. 16, International Labour Organization, International Programme on the Elimination of Child Labour (IPEC), Geneva, July 2002; and Social Work Centre for Youth of Viet Nam Central Youth Association and Radda Barnen, Children in the “Shadows”, National Political Publishing House, Ha Noi, 1999 324 Penal Code, Article 254(2) 325 Ibid., Articles 254(3) and 254(4) Trafficking and exploitation of prostitution (Article 6 of CEDAW)
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UNIFEM is the women's fund at the U
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ACKNOWLEDGEMENTS The author wishes
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CEDAW and the Law: III.2.2 Non-Disc
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CEDAW and the Law: V.2.1.2 General
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CEDAW and the Law: Indicator 65(a)
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CEDAW and the Law: V.13 Marriage an
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ABBREVIATIONS Circular on Female La
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CEDAW and the Law: Decree on Labour
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CEDAW and the Law: Investment Law J
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CEDAW and the Law: National Strateg
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PREFACE Gender inequality is at the
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INTRODUCTION RATIONALE A gendered a
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CEDAW and the Law: agencies and Hea
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CEDAW and the Law: LIMITATIONS Ther
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CEDAW and the Law: into whether the
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CEDAW and the Law: Civil Code, Civi
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CEDAW and the Law: Postponement, te
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CEDAW and the Law: It is suggested
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CEDAW and the Law: Article 36 of th
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CEDAW and the Law: dling of domesti
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CEDAW and the Law: indicators for t
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CEDAW and the Law: TRAFFICKING 7 Tr
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CEDAW and the Law: People’s Counc
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CEDAW and the Law: NATIONALITY (Art
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CEDAW and the Law: where students a
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CEDAW and the Law: security, benefi
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CEDAW and the Law: support for the
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CEDAW and the Law: document focusin
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CEDAW and the Law: Law on Gender Eq
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CEDAW and the Law: PROTECTION FOR M
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CEDAW and the Law: as ethnic minori
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II. THE POLITICAL AND LEGAL FRAMEWO
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CEDAW and the Law: II.1.3 THE GOVER
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CEDAW and the Law: The Law on the O
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CEDAW and the Law: The major mass o
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CEDAW and the Law: ‘Legal documen
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CEDAW and the Law: tation of the tr
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CEDAW and the Law: report, a delega
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CEDAW and the Law: One common manif
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CEDAW and the Law: Indirect discrim
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CEDAW and the Law: modifying or ab
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V. REVIEW OF KEY LEGAL DOCUMENTS AN
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CEDAW and the Law: 2. Other measure
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CEDAW and the Law: (m) States parti
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CEDAW and the Law: overcoming under
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CEDAW and the Law: crimination must
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CEDAW and the Law: cedures be estab
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CEDAW and the Law: Paragraph 24 of
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CEDAW and the Law: hand, the defini
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CEDAW and the Law: of discriminatio
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CEDAW and the Law: lic servants are
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CEDAW and the Law: individuals lega
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CEDAW and the Law: Fourth, Article
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CEDAW and the Law: Protection The r
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CEDAW and the Law: the case due to
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CEDAW and the Law: which have condu
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CEDAW and the Law: Confrontation In
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CEDAW and the Law: agencies. Denunc
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CEDAW and the Law: As earlier menti
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CEDAW and the Law: There are legal
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CEDAW and the Law: Added criteria r
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CEDAW and the Law: (5) To play the
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CEDAW and the Law: (3) To direct an
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CEDAW and the Law: in many cases, n
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CEDAW and the Law: clear legal prov
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CEDAW and the Law: V.8 EMPLOYMENT (
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CEDAW and the Law: Sexual harassmen
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CEDAW and the Law: More importantly
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CEDAW and the Law: Further elaborat
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CEDAW and the Law: To implement thi
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CEDAW and the Law: biologically inc
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CEDAW and the Law: of women will be
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CEDAW and the Law: women, are oblig
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CEDAW and the Law: improve health a
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CEDAW and the Law: provide appropri
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CEDAW and the Law: affects the righ
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CEDAW and the Law: for women, and t
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CEDAW and the Law: Article 111 of t
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CEDAW and the Law: Contraceptive me
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CEDAW and the Law: Article 115 of
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CEDAW and the Law: servant with tra
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CEDAW and the Law: Recommendation:
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CEDAW and the Law: V.9 HEALTH (ARTI
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CEDAW and the Law: menstrual cycle,
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CEDAW and the Law: particularly vul
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CEDAW and the Law: education and re
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CEDAW and the Law: Of particular co
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CEDAW and the Law: Assessment of Vi
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CEDAW and the Law: Second, the Stra
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CEDAW and the Law: health-care netw
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CEDAW and the Law: Indicator 86 Are
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CEDAW and the Law: Indicator 87 Is
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CEDAW and the Law: reducing the rat
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CEDAW and the Law: percent, of peop
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CEDAW and the Law: HIV/AIDS and the
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CEDAW and the Law: to 0.5 percent.
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CEDAW and the Law: The Law on HIV/A
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CEDAW and the Law: (2) Diagnosing t
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CEDAW and the Law: V.10 ECONOMIC AN
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CEDAW and the Law: including: (i) t
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CEDAW and the Law: personnel, finan
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CEDAW and the Law: Nevertheless, th
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CEDAW and the Law: Paragraph 24(o)
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CEDAW and the Law: the heads of hou
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CEDAW and the Law: stipulation for
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CEDAW and the Law: person intends t
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CEDAW and the Law: This should be r
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CEDAW and the Law: Paragraph 23 Fam
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CEDAW and the Law: such as raising
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CEDAW and the Law: acquisition, man
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CEDAW and the Law: The Civil Code,
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CEDAW and the Law: Birth registrati
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CEDAW and the Law: Marriage and Fam
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CEDAW and the Law: well as those es
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CEDAW and the Law: Personal propert
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CEDAW and the Law: to choose family
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CEDAW and the Law: population quali
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CEDAW and the Law: The Decree on Po
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CEDAW and the Law: Contraceptive us
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CEDAW and the Law: of CEDAW that pr
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CEDAW and the Law: The quality of p
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CEDAW and the Law: as provide for t
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Appendix I: LIST OF 150 INDICATORS
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CEDAW and the Law: permanent measur
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CEDAW and the Law: Indicator 40 Ind
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Appendix II: LIST OF REFERENCES I.
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CEDAW and the Law: II. LIST OF VIET
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CEDAW and the Law: Ordinance on Ex
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CEDAW and the Law: 344
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CEDAW and the Law: National Strat
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CEDAW and the Law: Sustainable
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CEDAW and the Law: Reeri
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APPENDIX III: CONVENTION ON THE ELI
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CEDAW and the Law: (d) To refrain f
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CEDAW and the Law: (f) The reductio
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CEDAW and the Law: PART IV Article
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CEDAW and the Law: for the effectiv
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CEDAW and the Law: Secretary-Genera
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English - CEDAW Southeast Asia

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