English - CEDAW Southeast Asia

A Gendered and Rights-Based Review of Vietnamese Legal Documents through the Lens of CEDAW
property or on family matters, in a context where women suffer from domestic violence, such
representation and agreement by the woman is only on paper as in reality she does not have
a safe space within which she can make an independent decision without fear of
consequences. Hence, addressing domestic violence is a critical factor in ensuring equality in
the family. See discussions on domestic violence in Part 1.3.6, Indicator 23.
Strengthened strategies must be put in place to encourage registration of common
properties in the names of both husband and wife. This will ensure that women are aware of
the value of having properties in their own names and that there is understanding of the laws
by the people around them. Among the strategies that must be in place are: (a) legal
awareness–raising campaigns on the value of registration of common properties in the name
of both spouses; and (b) subsidized legal aid to provide legal advice and to assist in
registration matters. See Part V.12.3, Indicator 105 on LUCs.
For spouses to be able to understand fully property relations, there should be proactive
efforts as well on how to manage, use, possess and divide common, personal and household
property in an equal and gender-sensitive manner. This is necessary so that spouses will have
the understanding and skill to manage equally and to use their properties, and not simply to
revert to unequal or discriminatory ways of running economic resources in the family.
Recommendations: As to all transactions involving common real property, it is
suggested that agreement of the other spouse must be in writing, whether or not
registered in the names of both spouses. This will ensure that there is formal inclusion
of both spouses in real property transactions.
It is recommended that legal documents urge increased efforts be put in place to
encourage registration of common properties to be inscribed in the names of both
husband and wife, including: (a) legal literacy and awareness–raising campaigns on
the value of registration of common properties in the name of both spouses; and (b)
subsidized legal aid to provide legal advice and to assist in registration matters. It is
also suggested that strengthened efforts targets both spouses on how to manage, use,
possess and divide common, personal and household property in an equal and gendersensitive
manner, focusing on increased understanding and skill to equally manage
and use their properties.
See Part V.12.3, Indicator 105 for recommendations on LUCs and Part V.1.3.6,
Indicator 23 for recommendations on addressing domestic violence.
Indicator 115 Does legislation provide same rights and responsibilities to men
and women for the number and spacing of their children
(including education and means to exercise these rights)
311
There are several legal provisions on rights and responsibilities on the number and
spacing of children. In Viet Nam, in almost all cases, these fall under provisions on population,
health, especially sexual and reproductive health, and family planning. Among the relevant
legal provisions are as follows.
Family planning as a duty for all
The Law on Health emphasizes that family planning is a duty for all people, who have the right
Marriage and family (Article 16 of CEDAW)