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CEDAW and the Law: More importantly, Article 11 mandates that protective legislation must be reviewed periodically and revised accordingly when necessary. This requires an understanding that a protective approach to equality is not the model of equality being espoused by CEDAW, but rather it is substantive equality. For more details on this matter, see Part III.2.1. Based on the obligations under CEDAW and the present situation in Viet Nam, the selected indicators for employment are: 214 Indicator 71 Indicator 72 Indicator 73 Indicator 74 Indicator 75 Indicator 76 Indicator 77 Indicator 78 Indicator 79 Indicator 80 Indicator 81 Indicator 82 Indicator 83 Indicator 84 Does legislation guarantee equality and non-discrimination in employment on the grounds of sex, marital status and pregnancy Does this apply to both public and private sectors Do women have the same employment opportunities as men Does legislation provide for the same criteria for selection Are there restrictions on women’s choice of employment Does legislation contain an equal pay for work of equal value provision Does legislation provide for equal conditions of work, including job security, benefits, evaluation and promotions Does legislation ensure special protection for women’s health during pregnancy Does the legislation provide reasonable nursing time during working hours Does legislation provide for an equal retirement age Does legislation provide protection from dismissal on account of marriage, pregnancy or maternity leave Does the legislation provide paid maternity leave for a reasonable period of time without loss of seniority and other benefits Does legislation provide for support services to enable parents to combine family obligations with work responsibilities, including ensuring childcare facilities by the employer or the State Does the legislation provide sexual harassment protection from employers and co-workers Is there a definition of ‘sexual harassment’ that includes a comprehensive list of unwelcome acts Are there regulations governing work conditions of domestic workers Is there legislation for the protection of Vietnamese overseas migrant workers Review of key legal documents and compliance with CEDAW
A Gendered and Rights-Based Review of Vietnamese Legal Documents through the Lens of CEDAW V.8.3 RELEVANT LEGAL PROVISIONS A vast majority of the working-age population in Viet Nam works. Labour market participation rates are among the highest in the world. 456 In 2002, 85 percent of men and 83 percent of women between the ages of 15 and 60 years were active economically. 457 Article 55 of the Constitution emphasizes that “the citizen has both the right and the duty to work. The State and society shall work out plans to create ever more employment for the working people.” As a consequence, “[t]he State shall enact policies and establish regimes for the protection of labour.” 458 In relation to this, the “State shall establish working times, wage scales, regimes of rest and social insurance for State employees and wage earners; it shall encourage and promote other forms of social insurance for the benefit of the working people”. 459 Indicator 71 Does legislation guarantee equality and non-discrimination in employment on the grounds of sex, marital status and pregnancy Does this apply to both public and private sectors Both the Labour Code and Civil Code provide for the right to work. Article 5 of the Labour Code states that every person has the right to work, to choose freely the type of work or trade, to learn a trade, and to improve professional skills without being discriminated against on the basis of gender, race, social class, beliefs, or religion. Article 49 of the Civil Code states that individuals have the right to work, the freedom to choose a job or occupation without being discriminated against on the ground of ethnicity, sex, social status, belief or religion. The Labour Code contains further guarantees of equality and non-discrimination relating to work. First, Article 2 states that it applies to “all workers, and organizations or individuals utilizing labour on the basis of a labour contract in any sector of the economy and in any form of ownership.” This article also applies to trade apprentices, domestic servants, and other forms of labour stipulated in the Labour Code. Second, Article 109 specifically provides that the right to work of women is equal in all aspects to that of men. It states that the State “shall establish policies to encourage employers to create conditions for women to work on a regular basis and apply widely the regime of flexible working time, part-time and casual employment and working from home.” Article 109 further stipulates: “The State shall progressively establish policies and implement measures to expand employment opportunities, improve working conditions, increase professional level, improve health, and strengthen the material and spiritual welfare of female workers for the purposes of assisting female workers to achieve their professional potential effectively and to combine harmoniously work and family life.” 215 456 Wells, op. cit., p. 15 457 Ibid. 458 Constitution, Article 56 459 Ibid., Article 56 Employment (Article 11 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: In a matrix on
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CEDAW and the Law: Both Article 3 o
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CEDAW and the Law: cially for those
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CEDAW and the Law: 114 the perpetra
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CEDAW and the Law: Obligations and
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CEDAW and the Law: Indicator 23 Dom
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CEDAW and the Law: is experienced p
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CEDAW and the Law: (i) require heal
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CEDAW and the Law: In relation to m
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CEDAW and the Law: guilt over the p
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CEDAW and the Law: Paragraph 15 The
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CEDAW and the Law: ment to cover th
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CEDAW and the Law: Article 5: Inter
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CEDAW and the Law: Recommendation:
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CEDAW and the Law: GR 23: Political
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CEDAW and the Law: There are also a
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CEDAW and the Law: Article 23: Info
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CEDAW and the Law: of GBV, publishi
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CEDAW and the Law: other forms of s
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CEDAW and the Law: Indicator 44 Wha
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CEDAW and the Law: anti-trafficking
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CEDAW and the Law: dren; 299 having
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CEDAW and the Law: an explicit prov
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CEDAW and the Law: by an insensitiv
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CEDAW and the Law: Indicator 45 Is
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CEDAW and the Law: manner; (d) more
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CEDAW and the Law: (1) Officials, p
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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: 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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