English - CEDAW Southeast Asia

A Gendered and Rights-Based Review of Vietnamese Legal Documents through the Lens of CEDAW
Indicator 70
Is sexual harassment prohibited in educational and training
institutions
There is no provision in the Law on Children, Law on Education, and Law on Gender
Equality that explicitly prohibits sexual harassment. However, Article 10 of the Law on Gender
Equality prohibits GBV, which, using international standards, includes sexual harassment. But,
in the absence of any definition of the term ‘sexual harassment’ by any Vietnamese legal
document, it is uncertain if sexual harassment is included in such prohibition.
Article 75(1) of the Law on Education prohibits teachers offending the honour or dignity
of learners or physically abusing them. However, without a clear legal document that includes
sexual harassment, it is uncertain whether it is included in such prohibition as well. Although
not specifically defined in relation to education, the definition of ‘sexual harassment’ provided
in Paragraph 18 of GR 19 can be used as a possible model for a definition of sexual
harassment in Vietnamese laws.
Recommendation: It is recommended that sexual harassment legislation be
issued. Sexual harassment in the education setting must be included as one of the
prohibited acts. The definition of ‘sexual harassment’ in GR 19 must be used, as
applicable to the education setting. It is also recommended that educational
establishments be required by law to promulgate their own sexual harassment
guidelines and disseminate these guidelines to their staff and pupils to ensure
knowledge and compliance. Failure to promulgate these guidelines or failure to
address complaints of sexual harassment will make the establishment liable for
damages or administrative sanctions.
209
Education (Article 10 of CEDAW)