Viet Nam – 2014 results

In 2007, the Government of Viet Nam passed the Law on Domestic Violence Prevention and Control. The law legislates the duties of the State, individuals, families, organizations and institutions in regards to preventing domestic violence and supporting of its victims. The law also prescribes ‘re-education’ measures for repeat offenders.^[15] In order to implement the law, the Government of Viet Nam has enacted a National Strategy on Gender Equality for the 2011-2020 period, which aims to increase the provision of legal and health counselling, support, and care to domestic violence victims to 40% by 2015, and to 50% by 2020; and increase the rate of perpetrator counselling to 85% by 2020.^[16] However, according to the US Department of State, local NGOs consider the law to be weak and that police and legal systems remain ill-equipped to deal with domestic violence cases.^[17]In 2007, 34% of Vietnamese women report experiencing at least one type of domestic violence in their lifetime.^[18]In 2010, the Government released a ‘Study on Domestic Violence against Women in Viet Nam’, which shows that women are three times more likely to be abused by a husband than by any other person.^[19] UNDP has similarly reported that the Confucian concept that men are responsible for the ‘education’ of their wives and children underpins the social acceptance of physical violence.^[20] Domestic violence is also related to other social issues such as alcohol and drug addiction and gambling.^[21]

The number of shelters for victims of domestic violence and human trafficking is very low (2 shelters in Hanoi, 1 shelter in Ho Chi Minh City, 1 sub-shelter in Phu Tho province). There is a network of “safe addresses” operated by the Viet Nam Women’s Union (VWU) (a socio-political organisation) and the Women’s Unions (WU) in the provinces, districts and villages to support victims. Mostly, reconciliation between the spouses is being sought for by the VWU/ WU. One of the indicators of the National Plan of Action to Prevent and Control Domestic Violence developed by the Ministry of Culture, Sports and Tourism (MoCST) targets that, by 2015, 40% of the detected victims of domestic violence will receive legal and social counselling as well as health care support at specialized establishments, while 70% of the perpetrators of domestic violence may receive free counselling services.^[22]

Rape, including spousal rape, is criminalized under Viet Namese law^[23], with rapists subject to 2 to 7 years’ imprisonment.^[24] In severe cases of rape, including organized rape, a repeat offense, or extreme harm to the victim, sentences may range from 7 to 15 years in prison.^[25] The government does not release arrest, prosecution, conviction, or punishment statistics. Data on rape prevalence is similarly limited, although one study released by the Government found that only 2% of women surveyed in Viet Nam reported ever having experienced non-partner sexual violence.^[26] Observers have noted that the law on rape has significant weaknesses^[27]: namely a provision that considers a women’s ability to defend herself, rather than whether or not she has given her consent, the deciding factor in conviction^[28]; as well as the article that allows the court to hear evidence of prior sexual conduct or reputation.^[29] Although Government provision of victim services is limited, the Viet Nam Women’s Union and international NGOs promote rehabilitation programmes and shelters for victims of violence and sexual abuse, including commercial sexual exploitation.^[30]

Sexual harassment in the workplace has only recently been made illegal. Amendments to the Labour Code, which took effect on 1 May 2013, make sexual harassment a prohibited act, which will amount to grounds to unilaterally terminate a definite term labour contract.^[31] Victims of sexual harassment may contact social associations such as the Women’s Union to request their involvement, and victims with access to a labour union representative may lodge complaints with union officers. In serious cases, victims may sue offenders under a provision that deals with ‘humiliating other persons’ and specifies punishments that include a warning, noncustodial reform for up to 2 years, or a prison term ranging from 3 months to 2 years.^[32]However the implementation of these laws is yet to be seen. The ILO reports that sexual harassment in the workplace is a sensitive issue due to the limitations of traditional gender hierarchies; and reports that Viet Namese men, and a large number of Viet Namese women, accept the premise that women are a legitimate and natural target for flirting by men.^[33]

There is no indication that female genital mutilation (FGM) is practised in any form in Viet Nam.

Abortion is available on request in Viet Nam.^[34]Until recently, Viet Nam had one of the highest abortion rates worldwide. Still, frequently abortions are being undertaken also due to son preference, especially when the first child is a girl. It is legally prohibited for doctors to display the sex of the unborn child; however,  is has been reported that parents still would receive the information whether the parents were expecting a ‘bird’ or a ‘butterfly’.^[35]

Human trafficking continues to be an issue in Viet Nam. Some NGOs are providing safe places for young girls who have been victims of human trafficking or who are at high risk of becoming victims such as the ‘Little Rose Shelter’, operating since 1992.^[36] Most of these NGO initiatives are rather small-scale projects at the grassroots level.

Women in Viet Nam have the right to use contraception and make decisions regarding which form of contraception to use.^[37] In theory, the law restricts couples to a maximum of two children, with penalties for public sector workers who have more than two children, although the law is inconsistently applied, according to the US Department of State.^[38] Contraceptive prevalence rates appear to be increasing in Viet Nam. Where a 2002 Demographic and Health Survey (DHS) found that nearly 57% of married women were currently using a modern method of contraceptive, United Nations data from 2011 estimated this rate to be 59.8%.^[39] According to the US State Department, the government has allocated additional resources to increase the contraceptive prevalence rate to 80% by 2015. Nonetheless, unmarried women of reproductive ages continue to have limited or no access to subsidized contraceptives due to a lack of available government-approved contraceptives throughout the country, as well as social stigma.^[40]