English - CEDAW Southeast Asia

A Gendered and Rights-Based Review of Vietnamese Legal Documents through the Lens of CEDAW
Recommendation: It is suggested that the Law on National Assembly
Organization stipulate the percentage of women in National Assembly committees be
not less than 30 percent or in proportion to the total number of female deputies. It must
also be stipulated that 30 percent committees must be headed by women. This should
be similarly applied to People’s Councils. This recommendation will ensure the participation
of women in all aspects of law-making, policymaking and supervision.
Indicator 56
Indicator 57
Is there equal eligibility for appointment to public positions
Is there legislative provision for temporary special measures,
especialy minimum quotas of women in appointed public
positions at all levels Does legislation clearly specify measures
to support the quotas
Article 63 of the Constitution states that male and female citizens have equal rights in
all fields, including in the political arena; and, thus, provides a general guarantee on equal eligibility
on appointments to public positions. This is specified by the Law on Gender Equality:
Article 11: Gender equality in the field of politics
(1) Man and woman are equal in participating in the state management and social activities.
(2) Man and woman are equal in participating in the formulation and implementation of
village codes, community regulations, agencies and organizations regulations.
Article 40: Violations of the law on gender equality in the fields of politics, economy, labour,
education and training, science and technology, culture, information, sport, and public
health
(1) Violations against the law on gender equality in the fields of politics include:
(b) Not carrying out or impeding the appointment of man and woman to the post of managers,
leaders or professional titles for gender preconception reasons;
Further, Article 11 of the Law on Gender Equality provides that one of the measures to promote
gender equality in the field of politics includes ensuring the appropriate proportion of
women in the appointment of cadres to hold titles in State agencies in accordance with national
gender equality target. Article 19(2) of the Law on Gender Equality gives authority to the National
Assembly, Standing Committee and Government to stipulate other measures to promote gender
equality, to review implementation, and to decide when the measures will end. There are no provisions
in the Law on Gender Equality on the exact proportion of female cadres.
Strategies and plans have more specific targets on female participation as public
employees, either as leaders or staff. Indicator 4 of the National Strategy for Advancement of
Women states that 50 percent of the State agencies, as well as political and socio-political
organizations, at both central and local levels, will have female leaders by 2010. In the Plan of
Action for Advancement of Women, one indicator is to have at least one female leader in every
Ministry, central agency (where appropriate) and People’s Committee at any level, and to
strive to increase by 15 percent of female leaders at directional and division levels. The
CPGRS identifies as one of its objectives/targets the increase of participation of women in
agencies and sectors at all level by an additional 3-5 percent. Among its monitoring indicators
is the percentage of female leaders in Government ministries and central agencies and insti-
179
Political and public life (Articles 7 and 8 of CEDAW)