English - CEDAW Southeast Asia

A Gendered and Rights-Based Review of Vietnamese Legal Documents through the Lens of CEDAW
work during the normal working regime; (b) in relation to women with frail health and
women with difficult family situation, instead of simply focusing on women, persons
with frail health and difficult situation whether man or woman, must be allowed to avail
of such regimes; (c) intensive behavioral change communication measures must be
put in place to enable shared responsibilities at work; and (d) stipulation on home work
must be drafted providing clear guidelines as to conditions of work and other labour
provisions.
Facilities
Article 116 of the Labour Code provides that those who employ women must ensure that
certain facilities are available for their use: (a) female changing rooms, shower facilities and
toilets; and (b) where there is a high number of female employees, childcare centres and
kindergartens or assistance with a portion of the costs of female employees with children of
nursing or kindergarten age. The Decree on Labour Violations penalizes failing to make locker
rooms, shower rooms and toilets for female labourers with a fine of VND 1 million to VND 5
million. 488
Concerning female changing rooms, shower facilities and toilets, see discussions and
recommendations in Indicator 2 on bathroom and toilet facilities. As to the provision of
childcare centres and kindergartens in enterprises with high proportion of women, see
discussions and recommendations in Indicator 2 as well.
As child-rearing is a responsibility of both men and women, this should be reflected in
labour policies without disregard to the current situation that women are the ones who are held
responsible for childcare. All enterprises with a sufficient number of employees must set up
crèches or kindergartens or provide support for the setting up of such facilities, rather than
only enterprises with high proportion of women. A legal document can set down details as to
the number of employees for this provision to be mandatory.
Recommendation: All enterprises with a sufficient number of employees must set
up crèches or kindergartens or provide support for the setting up of such facilities,
rather than only enterprises with high proportion of women. A legal document can set
down details as to the minimum number of employees for this provision to be
mandatory.
Night work, overtime and rest breaks
Generally, women are allowed to work at night and overtime. Article 115 of the Labour Code,
however, prohibits an employer from allowing a female employee who is seven months or
more pregnant, or raising a child aged under 12 months, to work at night or overtime or to go
on business trips to distant locations.
227
This is another example of protective legislation in the Labour Code. Although this
provision is reasonable as to women who are in such advance stage of pregnancy, the
provision relating to women raising a child aged under 12 months must be repealed. It must
be borne in mind that women are entitled to maternity leave and, hence, they will be able to
488
Decree on Labour Violations, Article 15(1)(a)
Employment (Article 11 of CEDAW)