English - CEDAW Southeast Asia

A Gendered and Rights-Based Review of Vietnamese Legal Documents through the Lens of CEDAW
In addition to the proportion for women, a proportion for ethnic minorities is also
guaranteed by legal documents. Article 10 of the Law on Election to National Assembly 2001
provides: “The number of the National Assembly deputies who are ethnic minority people shall
be proposed by the Standing Committee of the National Assembly at the suggestion of the
Council of Ethnic Minorities in order to ensure that the different ethnic minorities have a proper
number of deputies.”
The Law on Election to People’s Councils provides:
Article 14
On the basis of the number of the deputies to be elected to the People's Councils, after
consulting with the Standing Board of Viet Nam Fatherland Front Central Committee
and the People's Committees of the same levels, at least ninety five days before the
election day:
(1) The standing bodies of the provincial- and district-level People's Councils shall make
the proposition on the proportion, composition and number of People's Council
deputies to be elected from political organizations, socio-political organizations,
social organizations, economic organizations, people's armed force units and State
agencies of the same levels and administrative units of lower levels, ensuring the
appropriate number of female deputies to the People's Councils; for localities with
many ethnic minority groups, it is necessary to ensure the appropriate number of
People's Council deputies being ethnic minority people.
(2) The standing bodies of the commune-level People's Councils shall make proposition
on the proportion, composition and number of People's Council deputies to be
elected from political organizations, socio-political organizations, social
organizations, economic organizations, people's armed force units and State
agencies of the same levels as well as hamlets and villages (hereinafter referred
collectively to as hamlets), population groups, populations quarters and clusters
(hereinafter referred collectively to as population groups) in their respective
localities, ensuring the appropriate number of female deputies to the People's
Councils; for localities with many ethnic minority groups, it is necessary to ensure the
appropriate number of People's Council deputies being ethnic minority people.
In deciding on the candidates to fill up the proportion allocated for ethnic minorities, the
proportion allocated for women must be applied. This means that a proportion of seats should
be reserved for ethnic minority women candidates within the quota allocated for ethnic
minorities. This will ensure that the slots allotted for ethnic minorities are equally divided
between ethnic minority men and women.
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Recommendation: In addition to the recommendations in Part V.5.3, Indicators
53-55, it is suggested that, to ensure clarity, the Law on Election to National Assembly
1997, Law on Election to National Assembly 2001 and Law on Election to People’s
Councils must provide that the proportion of ethnic minority deputies should have no
less than 30 percent female ethnic minority candidates with the aim of increasing
progressively to a higher proportion. To support the 30 percent proportion of female
candidates within the proportion of ethnic minority candidates, there must be clear
Rural women (Article 14 of CEDAW)